JK 

m 

A3 




STORY OF THE 

CONSTITUTION 

OF THE 

UNITED STATES 

* 

ALICIA BARNARD J 



J 




Class. 

Book, 'MP 

Copyright If 

COPYRIGHT DEPOSIT. 




o 

w 

Q 
W 

PL, 

w 
p 

o 
o 

l-H 

H 

< 

< 

CJ 

W 
« 

W 
O 



STORY OF THE 

CONSTITUTION 

OF THE 

UNITED STATES 



BY 

ALICIA BARNARD 



EDUCATIONAL PUBLISHING COMPANY 
BOSTON 

New York Chicago San Francisco 






Copyright, 1914 

BY 

EDUCATIONAL PUBLISHING COMPANY 



OCT 171914 

©CI.A387075 * 



PREFACE 

#The author of this " Story of the Constitution ,, of 
the United States feels that every grammar school teacher 
will agree with her in saying that the " Constitution" 
is one of the most difficult subjects to teach; and for the 
most part because there is no simple presentation of the 
subject suitable for use in the grammar grades. 

The following " story" is the outcome of a teacher's 
attempt to present historical lessons of interest to the 
children, and at the same time be consistent with her all- 
time pleading that in history reading, above all reading, 
the child should train himself to look for sequence, cause 
and effect; for initiative acts and results. 

It ought not to detract from the child's respect for the 
Constitution to know that it was fought for and fought 
over; that there was no perfect agreement between parties 
then any more than now, and that compromises had to 
be made then as now. 

This story method has been used with much success in 
the school-room, and the author feels that it will generally 
appeal to the average child of our grammar school grade. 

The Author 



CONTENTS 

The Forefathers 7 

How Slave Trade Began in America . . . . 11 

No Taxation Without Representation . . . . 27 

Colonial Administration 42 

/The Declaration of Independence 53 

The Articles of Confederation 59 

The Weakness of the Articles 73 

After the Parting of the Ways 79 

The Danger Period 85 

Making a New Constitution 97 

What the Constitution Tells Us 

I The Legislative Department .... 103 
II The Executive Department . . . .124 

III The Judicial Department 130 

Questions 139 

The Constitution of the United States . . . .141 



THE STORY OF THE 
CONSTITUTION 

THE FOREFATHERS 

The English forefathers of America's first settlers 
were men of brave spirit. To appreciate rightly 
the Constitution of our own United States we should 
know well the story of these English forefathers' 
struggle for liberty; for out of their struggle grew 
our own independence. 

When the Puritans left England to come to America 
they left the common people of England struggling 
against the tyranny of the Hanoverian kings, and 
the struggle against them went on for years, both in 
America and in England. We do not always appre- 
ciate this. Too often we forget that when the 
Puritans, together with the Cavaliers of the south, 
gained Independence for the colonies, the common 
people of England rejoiced also. 

The Hanoverian family came to the throne of 
England in 17 14. At that time, the people of Eng- 
land were angry with the behavior of that royal 
family — the Stuarts — which had so long been 



8 THE STORY OF THE CONSTITUTION 

ruling England, and they were determined to have 
a change. George, Elector of Hanover, Germany, 
was therefore called to the English throne at the 
death of Queene Anne,° the last of the Stuarts. 

George I knew little of England's people and less 
of England's history, customs and ideals. Indeed 
he could speak so little English that during his reign 
the country was ruled by his English advisors, rather 
than by himself. 

Fortunately, however, there was a Parliament, 
which represented the people well, and no harm was 
done by George I, who stood, at least, for the liberty 
of the people, rather than for the " divine right of 
kings ° and no rights for the common people," as 
had the recent Stuart kings. 

For a long time there had been associated with the 
King of England, a Council. King George, how- 
ever, not being able to know what his Council might 
be planning, realized his need for some one person 
who should stand closer to him than a Council and 
upon whom he could depend as upon a personal 
friend. 

Consequently, as the direct outcome of the ineffi- 
ciency of George I, the office of Prime Minister 
was created; and from that time every king of 
England has had his personal counsellor — the 
Prime Minister — whose rank is next to the king 
and head of the Cabinet, the Cabinet having 
been introduced during the reign of Charles I (a 
Stuart). The Cabinet consisted of a few strong 
men chosen by the King from Parliament; but 
George I brought about the custom of a Prime 



THE STORY OF THE CONSTITUTION 9 

Minister, who should himself choose a Cabinet 
of which he should be head. 

The first Prime Minister was Sir Robert Walpole, 
a name of note in the history of England. It is 
worth while to notice just here that Sir Robert Wal- 
pole selected his Cabinet from men in sympathy with 
the House of Commons; and that this policy has 
never been changed by the government of England. 
Should it chance that during the office of a Prime 
Minister the political sentiment of the country and of 
the House of Commons should change, the Cabinet 
and Prime Minister would have to change to meet 
the demand for harmony between the Cabinet and 
the House of Commons. 

Note — No pupil should be content with mere allusion to 
a historical fact. Therefore, the following topics should be 
assigned for class research: 

The Stuart Family. 
Electors of Hanover. 
Queen Anne's Death. 
Divine Right of Kings. 
The History of the Council. 
Office of a Prime Minister. 
The Cabinet. 
Sir Robert Walpole. 



HOW SLAVE TRADE BEGAN IN AMERICA 

During the reign of George I, a terrible panic 
brought about untold misery to the people of England. 
This panic came about through the South Sea 
Bubble, as the enterprise has since been called, an 
enterprise which, as time went on, also affected the 
colonies seriously. The plan of the enterprise was 
this : A company of London merchants, calling them- 
selves the South Sea Company, were to raise money, 
form a stock company, and establish a large trade in 
negro slaves between Africa and Brazil. In order 
to secure the confidence of the common people in the 
scheme and so get them to put their money into it, 
the government was asked to give its sanction and 
to stand back of the company in the way of certain 
grants and privileges which would give them all 
necessary freedom to carry out the plan. In return 
for this government backing, the company agreed to 
pay off the national debt ° of England. 

From the beginning, Walpole, the Prime Minister, 
was opposed to the scheme as being one unworthy the 
backing of a government. Then, too, a similar 
scheme had been worked in France and with the same 
promises to the government. It had never paid, 
however, and the people of France — the stock-holders 
— had lost their money, and with it faith in the 
integrity of their government. Walpole feared a 



12 THE STORY OF THE CONSTITUTION 

similar ending for the South Sea Company and fought 
against it from beginning to end. The Company, 
however, succeeded in interesting several members 
of the Cabinet in their venture and in making them 
believe that the Company had a better plan than had 
the inventors of the French plan. The Company, 
then, went ahead with its scheme, sending out pam- 
phlets promising fifty per cent interest upon the 
money Invested. This was, of course, a great temp- 
tation to the people; and, as the Company had the 
backing of the government, the investing public felt 
perfectly secure. 

The scheme prospered for a while, and the stock 
market was filled with people fighting to get a chance 
to invest their little earnings. But one day the 
Bubble " burst," and the people learned that the 
whole enterprise was a fraud. Thousands lost all 
they had invested — ruined by the failure of the 
South Sea Company. 

The condition of these people seemed pitiable; 
then came the cry for vengeance. Investigation was 
demanded by the House of Commons. One of the 
members of the Cabinet who had been implicated in 
the fraud was imprisoned in the Tower of London ; 
and another member killed himself rather than en- 
dure the disgrace which investigation was sure to 
bring to him as well as to many others. 

Although this Company failed, and in failing de- 
frauded many people whose money had been taken 
and invested, nevertheless its promoters had re- 
served enough money to enter into another project 
as bad, or worse. Now, the slave traffic on the coast 



THE STORY OF THE CONSTITUTION 1 3 

of Africa was fast becoming lucrative; and, accord- 
ingly, this Company asked George I for royal au- 
thority to enter into this slave trade and to retain the 
monopoly of it for the colonies; that is, virtually force 
slave labor upon the colonies. 

The colonists proved averse to slave labor on the 
ground that it was better to give labor into the hands 
of the poorer white people who needed work in order 
to earn a living for themselves. Of this the com- 
pany complained; and, in keeping with the methods 
of those times, the colonists were told that they must 
submit to the importation of slaves and must encourage 
it; for in those days, English kings and merchants 
seemed to think that the colonies existed for no other 
reason than to create commerce and trade for the 
home country. This principle, as we shall soon 
see, was what finally brought on the Revolution and 
the Declaration of Independence. In the course of 
time, then, slave importation became a regular 
traffic between Africa and the American colonies; 
and in time so many slaves had been imported that 
they became an actual necessity. White men would 
not work side by side with these unfortunate half 
savage, half civilized laborers, and the south was now 
forced to import slave labor whether they wished 
or not. 

It is interesting to read the arguments used in these 
days of the opening of slave traffic, by the merchants 
of the London Company, and also by some members 
of Parliament. 

"The emigrating white, " they said, "shows himself 
a dangerous freeman. He is defying the English 



14 THE STORY OF THE CONSTITUTION 

authority and is fast becoming a rebel. Let us, then, 
import black men rather than emigrate white men; 
for negroes will never attempt independence." This 
argument we find in a political pamphlet of the 
times — 1745 — entitled: 

The African Slave Trade 
The Great Pillar of Support 

OF THE 

British Plantation Trade in America 

Then too, the pamphlet goes on to say that "if the 
southern colonies are peopled with white men from 
England, they will soon begin to manufacture, and 
we should find our home manufactories suffering 
from the competition. We have just read of the de- 
velopment of the colonies. Negro workmen, how- 
ever, will keep our home industries secure, for negroes 
will never be able to manufacture; therefore through 
them we shall keep our proper authority over the 
colonies." 

Georgia, which was now a well-established colony, 
appreciated from the first what this frank doctrine 
meant to the colonies themselves and so made an 
early law restricting slave importation. This, how- 
ever, only brought down the more heavily upon 
Georgia, the anger of those financially interested in 
the success of the South Sea Company. 

Any restrictive measures which the colonial govern- 
ors urged upon the king were ignored, and word was 
sent to each governor commanding him to see to it 



THE STORY OF THE CONSTITUTION 1 5 

that slave importation be pushed to its utmost and 
that no tolerance be shown towards anti-slave 
agitators. 

Such, then, were the beginnings of slave trade in 
our colonies; a trade which was carried on with in- 
creasing vigor during the reigns of the rulers who 
followed until after the Revolution. Then a clause 
in the Constitution prohibited it — the prohibition to 
go into effect in the year 1808. 

George II succeeded to the throne at the death of 
George I. This king could at least speak English 
and it is to his credit that he tried to understand the 
country over which he was to rule. But his reign is 
a story of foreign wars, and there was little time for 
Parliamentary matters in behalf of the people. 

First came a war with Spain ; then war in behalf 
of the Austrian succession, which concerned the in- 
terests of England; then war with the "Young 
Pretender" — a son of the " Pretender" — who 
had now grown up and was demanding the throne 
which he claimed should have come to his father on 
the death of William ° and so in turn to him. Then 
war in the East — in India; and finally that war 
which came to mean so much to the Colonies — the 
last and great French and Indian War. 

The war in the East gave India to England; the 
war in America gave North America to England. 
The period was, then, a period of great national ex- 
pansion ; but it left England so deep in debt that the 
next king, George III, was distracted; Parliament 
turned every way to raise money, and in the end the 
colonists rose in rebellion at the seeming injustice 



1 6 THE STORY OF THE CONSTITUTION 

of the taxes which were levied upon them with which 
to pay these heavy national debts. It was a great 
thing for England to have gained India; but it 
brought about serious national dissensions, as we 
shall soon learn, for which the country and the 
colonies paid a bitter price. 

"I glory in the name of Britain," said George III, 
in his first address before Parliament. 

"What a lustre doth it cast upon the name of 
Britain," said the fawning speaker for Parliament, 
in reply, "that you, Sire, are pleased to esteem it 
a glory." 

And with this exchange of compliments, George 
III began his reign. 

Now it will be worth our while, since this period is 
one so full of thrilling interest, and is so closely con- 
nected with our own American history, to understand 
the political parties in existence at the time when 
George III came into power. 

The Whigs, who stood always for progress in 
matters of liberty for the common people and for due 
restraint upon the king and his advisors, had been 
in power for the last half century; since the over- 
throw of the Stuarts. 

The Tories, who were always supporters of kingly 
power and the rule of the Established Church, conserva- 
tives we would call them to-day, had been almost 
entirely shut out from political power during this long 
period; and yet, for all the Whigs had been so long 
in power, they had accomplished very little for the 
people, because their energies, their time, their 
thought, had been almost wholly consumed in the 



THE STORY OF THE CONSTITUTION 1 7 

struggle to keep the Hanoverian kings upon the 
throne, and in thwarting the schemes of the Tories 
who were ever on the watch for an opportunity to 
restore the Stuarts. For a half century, then, progress 
had been at a standstill. During this period, Sir 
Robert Walpole was the leader of thought; and no 
easy time did he have of it, for many of his own party 
had grave doubts whether, after all, it was right to 
have ignored the son of King James Stuart and to 
have put a Hanoverian upon the English throne. 
Stories are told how, in one Whig family, it was ob- 
served that whenever the head of the family began 
to pray for George III, a goblin which had for some 
time persecuted the family, would appear and in 
some way or other manage to disturb the household. 

The effect of this unsettled state of mind had its 
effect upon the politics of the time. Indeed, a pecu- 
liar condition had come about. The Tories, who were 
always in favor of giving large power to a king, were 
now arrayed against a king. On the other hand, 
the Whigs, who were always working to restrain the 
power of a king, had been forced to place more power 
than they really approved in the hands of each of the 
Georges; for the simple reason that the Georges 
had needed considerable power in order to protect 
themselves from the intrigues of the Tories, who were 
always on the watch for some opportunity to 
strengthen the cause of the exiled prince. 

At last, however, under George III, who was at 
least English born, and who, there was no doubt, had 
the welfare of the English people at heart, the Whigs 
began to feel that the Hanoverian family was secure 



1 8 THE STORY OF THE CONSTITUTION 

upon the throne, and that the king could afford to 
lessen a little his grasp upon the reins of govenment. 
But strange to say, at the same time that the Whigs 
began to arrive at this conclusion, the Tories began 
to reason that if they could not have the right king 
upon the throne — the king "dejure" — it would 
be better to make the best they could of this usurper 

— this king "de facto." Would it not be better, they 
asked, to re-establish, even through this Hanoverian 
king, some of the conditions that belonged to king- 
ship ? That is, would it not be well for them to sup- 
port the office of George III and so restore to the 
Court and Cabinet those kingly rights and dignities, 
which they believed were best for any country ? " We 
do not for a moment," said the Tory leaders, "pre- 
tend any loyalty to George III himself — it is his 
office only that we respect. Little, it is true, can be 
done with this dolt of a king; but there is a grandson 

— a mere child — and let us remember that the mind 
of a child is like wax to receive impressions and like 
marble to retain them. Let us, then, surround this 
grandson with conditions which shall influence him 
and train him into our ways of thinking." 

Now the Earl of Bute, who was George Ill's 
closest advisor, was just the man to work into the 
hands of the Tories at this time. "It was Bute," 
says one historian, "who took the first step back- 
ward towards absolutism. It was he who formed 
the political opinions of George III, he who grafted 
the notions of king-craft upon the plain, homely, 
farmer stock of the Hanoverians. The result was 
peculiar; for it made George III, who was a pain- 



THE STORY OF THE CONSTITUTION 1 9 

staking, plodding man of business, into a king filled 
with the ambitions of an aristocrat; and he toiled 
like a 'warehouse clerk' to restore royal authority 
to the place where, influenced by the Earl of Bute, 
George III now believed it should be." 

The divine right of kings! Yes, George grew more 
and more convinced that kings were in truth ordained 
by God to rule; and that it was, in truth, best for 
any people to be so ruled. Poor foolish Hanoverian ! 
Had he been left to live his life as an Elector of Hano- 
ver, he might have lived in peace, at least, have done 
no harm. But now, placed upon the English throne 
at a time when English politics needed the wisdom of 
a statesman he found himself under the influence of 
a man as weak as himself and compelled to act as the 
ordained agent of God for the good of the country." 

"Some writers," one historian says, "describe King 
George as a fool with flashes of madness. This, 
however, seems hardly fair; for although he was in- 
deed simple and short-sighted and easily influenced, 
he had in many respects good sound sense. His 
mind while sane, was dull, prosaic, and literal; it was 
only when his authority as divinely appointed king 
was brought into question that he became insanely 
angry. Then, it is true, he was beside himself with 
wrath. He describes himself as trembling from 
head to foot with rage ; and it is quite true that his 
first attacks of insanity or insane anger were brought 
on by Grenville and Wilkes, whom he hated with 
all the power within him. 

In his sanity, he is plain Farmer George and with 
little that is kingly about him, hurried and flurried 



20 THE STORY OF THE CONSTITUTION 

in speech and manner, undignified in appearance, 
and behaving, when his kingly rights were neglected, 
irritably and obstinately — more like an irascible 
partner of a business firm than like an imperious 
monarch. 

When George III became insane, he became 
a sadly tragic figure in history, as we get glimpses of 
him, now tormented by a semi-consciousness of his 
own condition, now talking of high affairs of State 
with Ministers long since dead." 

Indeed, the overthrow of the Stuarts, in con- 
sideration of the Hanoverians, who were chosen to 
supplant them, was not a wholly good thing for Eng- 
land, since it brought so weak a king to the throne 
and placed the political parties in so strange and 
strained a position — both parties standing for the 
support of the king, but each with such wholly differ- 
ent motives One of the famous toasts of this period, 
gives us an idea of the feeling of the parties toward 
each other and of the feeling of the common people 
for the parties: 

Long live the King! 

Down with the Pretender! 
God save the King, 

And bless our Defender. 
But which the Pretender is, 

And which the King is, 
God bless us all — that's another thing! 

So it was, then, that at this critical period in the 
history of England, in those years which meant so 
much to us as Americans, there sat upon the throne 



THE STORY OF THE CONSTITUTION 21 

a king who was chosen by the Whigs and supported 
by the Tories; a king who, though dull and stupid 
and half insane, had it in his power to give his own 
weak character to the whole English Court and 
Cabinet; and at a time when England needed the 
wisest and the best of influence and advice. 

Not only was the English Government rent by 
these two conflicting parties — the Whigs, who stood 
for the progress of the Common people, and the 
Tories, who stood for the Divine Right of Kings to 
rule and the natural duty of the people to obey — 
but a third party had sprung up. Pitt's party, it 
was called. This party had as yet little control 
over Parliament, but Pitt ° was the idol of the 
Common People, and whatever he said had great 
influence. 

The Tories were still clamoring for continuance 
of war with France either upon European soil or upon 
the sea. The Whigs, too, were, on the whole, in favor 
of continuing the war; for they felt that they had 
not made enough out of it as yet to pay for the money 
expended or the blood wasted. Pitt's party, however, 
was strong against war upon land. "To carry on 
this war," said Pitt, "and to make treaties with other 
European countries, as we should have to do, will 
mean keeping a standing army. This," he added, 
"would be most unwise. We have debt enough al- 
ready; and more than that, we would better put our 
money into fleets rather than into an army; for, 
situated as we are, a mere island, we are naturally 
a maritime people. Trade is our natural employ- 
ment ; and trade and a navy go hand in hand. If we 



22 THE STORY OF THE CONSTITUTION 

enter into a European compact, we shall have to take 
part in every European quarrel; and in pursuing 
such a course, we shall dribble away our money and 
shall have wasted our forces in attacking France at 
her strongest rather than her weakest point." 

To this wise view, England was won over by the 
eloquence of Pitt; and there was no continuance of 
war with France at this time. Indeed, even the op- 
ponents of Pitt were on the whole glad when the war 
discussion was dropped; especially as taxes now 
began to rise with which to pay off the debt incurred 
by the French and Indian War in America. Until 
the rate increased, there had been great rejoicing in 
England over the wholesale defeat of the French in 
America, and no little self-glorification ; but now an- 
other side of the war was being pressed upon the at- 
tention of the common people. There was a National 
Debt now to be worked off, taxes to be raised to pay 
for the glory that had come from the Seven Years 7 
War. 

Now, the very merchants who had brought on the 
war began to grumble and to growl; and the noise of 
their grumbling and growling began to harass the 
ears of George III and his Cabinet. 

"The war debt! the war debt! the war debt!" 
the air was filled with the cry. No one talked of 
anything else; and the people began to condemn and 
criticise. Certainly w r e can afford to excuse much 
of George Ill's irritability and irascibility and con- 
fusion of ideas during this period, when we consider 
what a task lay before him and what a swarm of 
criticisms buzzed about his head. 



THE STORY OF THE CONSTITUTION 23 

" What shall we do ? What shall we do ? " George 
asked of his Prime Minister, the Earl of Bute. But 
the Earl of Bute was not the man to give aid in a 
time like this. Never before or since has there been 
so unpopular a Prime Minister in England, nor one 
who appeared more stubborn and short-sighted. 
His great aim was to keep up the idea of divine rights, 
to make a real and lasting peace with France, and 
to keep out of alliances with Germany. These were 
his three interests; and for them he worked honestly. 
As to how to pay off the debt of the French and In- 
dian War, however, he had no advice to give. 

" We must find some new way for taxing the people 
of the realm, for we cannot expect the colonies to pay 
the whole debt," said George. 

The matter was brought up in Parliament where, 
over and over, the Ministers of King George recited 
the story of England's National debt incurred in 
protecting the American colonies. 

For days the debate in Parliament ran high. Many 
schemes were suggested, but none were satisfactory 
to the majority. In despair, Grenville, a later 
Prime Minister, rose to his feet and exclaimed, 
" Where, where, tell me, sirs, where can we lay an- 
other tax?" 

Pitt, who was keen and quick, began at once to sing 
softly a line from a popular song which was just then 
going the rounds in England — " Gentle Shepherd, 
tell me where." 

At this the House burst into laughter and Gren- 
ville sat down discomfited. 

In the end, however, it was decided to place a tax 



24 THE STORY OF THE CONSTITUTION 

upon all French wines and also upon those farmers 
in the fruit sections who made and marketed cider. 

At this, however, the cider merchants rose in re- 
bellion. "You are ruining our trade," they said. 
"We cannot sell cider at the price we would have to 
ask with this tax added to our present expenses. 
More than that, such a tax is an Excise, and we, the 
English people, will have no more of Excise. Should 
this bill for taxing cider go through the House, the 
Excise officers could raid our houses; and if one 
found a gallon of cider he could declare the house- 
holder an enemy of the government; nor could the 
accused so much as attempt self-defense without 
laying himself liable to a fifty-pound fine." 

George had hated Grenville from the first; and 
after this he delighted in calling him the Gentle Shep- 
herd in private and storming at him in public. "He 
is insolent; he is disobliging; he has no reverence 
for the king"; and he might have added, "he is as 
stubborn and mulish as the king himself." This dis- 
like of the king for Grenville and Grenville's equal 
dislike for the king, we must keep in mind ; for it is 
often said that King George and Grenville were hand 
in glove and that Grenville did whatever the king 
bade him. This was not so, however; and it helps 
us, knowing this, to understand the better how it was 
that Grenville, driven to distraction by the ravings of 
George III for money, and feeling that something must 
be done, invented the Stamp Act as a last resort. 
It helps us to appreciate that he was not wholly to 
blame if he acted not quite in harmony with the 
demands of the common people both in England 



THE STORY OF THE CONSTITUTION 25 

and in America, that there should be No Taxation 
Without Representation. 

Topics for Class Research 

The Young Pretender. 

William of Orange. 

Whigs and Tories. 

William Pitt. 

Grenville. 

The Cider Tax. 

Excise — the history of Excise in England. 



NO TAXATION WITHOUT 
REPRESENTATION 

"Are there not Navigation Acts," asked George 
III, " which have not been properly enforced?" 

"Yes," said the Cabinet; "but Navigation Acts 
are unwise ; and have thus far failed to perform that 
for which they were intended." 

"Failed!" cried George III, "but why have they 
failed ? Because there has never been a Cabinet with 
force to carry them out ! Let us, Sirs, see to it that 
from this time on, revenue come from these Acts and 
that the revenue be used in paying the interest on the 
£2,800,000 which we must borrow." 

"Navigation Acts will never succeed," said Gren- 
ville wisely. 

"Why not?" roared George, who hated Grenville 
as he hated vipers, and who declared that Grenville 
knew nothing except to thwart the orders of the 
king. 

"Bring out the Navigation Acts!" said George. 
" Let us see them! Of what use are laws if they can- 
not be enforced ? We will see that they are enforced !" 
So the Navigation Acts were brought before the 
Cabinet and were read to the king. 

The first Navigation Act, it was recalled, was passed 
during the reign of King Richard II, who realized, 

27 



28 THE STORY OF THE CONSTITUTION 

even in his time, that England's need was a large and 
powerful navy. "The way to increase a navy, at 
least, a merchant navy," he said, "is to demand that 
all merchandise passing to and from the colonies of 
England be carried in English ships. The more 
merchandise, the more ships; the more ships, the 
stronger the navy." Certainly this was simple. 
"Any one could see that," said George. 

Edward IV was the next king who had his atten- 
tion called to the matter of Navigation Acts; and he 
declared that henceforth no foreign ships should 
carry English wool, nor should any English merchant 
freight any foreign ship with wool. 

"Excellent reasoning," said George III. 

Henry VIII ° continued the policy of Edward IV; 
for under his reign we find a statute saying that no 
wines shall be imported except by British subjects upon 
British ships. 

" Most excellent," said George. 

Henry VIII, however, began selling licenses to 
certain merchants, permitting them to buy and sell, 
import, and export in contradiction to these laws. 

James I °went a step further. He sold monopolies 
to certain merchants, that is, he sold the exclusive right 
to import and export certain goods. For example, 
he allowed the London Company to impose a tax 
upon articles bought or sold outside the realm. 

Sixteen years later, James issued a proclamation 
forbidding the colonists from cutting lumber of a 
certain size. Also he forbade anyone but the colonists 
trading with the Indians. 

Ten years later, Lord Baltimore's Charter de- 



THE STORY OF THE CONSTITUTION 29 

clared that all merchandise from that colony must 
first be brought to England; but that it might after- 
ward be re-exported to other countries. 

Later James declares that no tobacco should be 
sent from the colonies except in English ships. When 
Charles 1° came to the throne, he issued a similar 
proclamation and also ordered that the original 
Navigation Acts be put in force. 

"That is right! that is right!" exclaimed George. 
"And that is what we shall do again." Accordingly 
King George's Parliament re-issued the Navigation 
Acts and the colonies were informed that henceforth 
they were to be obeyed; and that the money from 
the shipping w r ould be used in paying off the National 
debt incurred in carrying on the French and Indian 
War, which had been for the defence and protection 
of the colonies. 

"For the defence and protection of the colonies!" 
laughed the colonists. "Does George III think that 
we Englishmen on this side of the Atlantic know 
nothing of England's interests ? Does he think that 
we do not know that England's feud with France was 
in existence before either he or we were born ?' ' 

Now, as if the increased debt and the new taxes 
were not enough to cause rebellion and unrest among 
the people, there came this year one of the most terri- 
ble droughts that England had ever known. This 
Drought of 1 762 was so far-reaching in its disastrous 
effects, that thousands of cattle lay dead in the field; 
and when later a great flood followed, an equal num- 
ber of sheep and lambs were drowned. The grain 
crop was ruined; wheat rose to fifteen shillings a 



30 THE STORY OF THE CONSTITUTION 

quarter, meat was proportionally high; and the 
country swarmed with homeless and starving people. 

"The debt is still £140,000,000," said King George, 
when he laid his papers before his Cabinet. And the 
burning question is, "How is the money to be 
raised?" 

"We must raise another tax," said the Cabinet. 
"But this is more easily said than done; £2,000,000 
can be taken from the sinking fund; £1,800,000 can 
be raised by striking exchequer bills; but there 
are still £100,000,000 yet to be raised. This might 
be borrowed, it is easy to borrow ; but where is the 
money coming from with which to pay the interest ?" 

King George groaned in spirit — for the misery 
of his people, let us hope; but certainly for the 
condition of the National Debt, which, under these 
conditions, bid fair never to be paid. 

The Navigation Acts, meanwhile, had not proved 
the success that George had sworn they should, 
and, worse still, the colonists were shirking their part 
of the responsibility, so George felt, in that they 
were smuggling and on every hand defying the port 
officers. 

"Devise some way to bring those ungrateful 
colonists to terms," George demanded of Grenville. 
"Devise a way!" And had George III reigned a 
century earlier, he would have threatened Grenville 
with imprisonment or hanging if he failed. 

It was at this time, then, that Grenville brought 
forward his Stamp Act. The stamp scheme, Gren- 
ville had himself presented to Franklin who, as 
Minister from the Colonies, was then in London; 



THE STORY OF THE CONSTITUTION 3 1 

and Franklin, knowing the starving condition of the 
common people, and knowing that the colonists were 
in deep sympathy with their suffering fellow-country- 
men, and also knowing that the Colonists were quite 
willing to pay a fair share of the National Debt, told 
Grenville that he believed he had indeed invented a 
method that would be as acceptable to the Colonists 
as any scheme could be at this time; when Repre- 
sentation rather than Taxation itself was the bone 
of contention between George III and the American 
Colonists. 

Accordingly, Franklin himself wrote to the gov- 
ernor of each colony, telling him of the proposed tax 
and asking that the matter be presented to the people 
in the colonies, after which the governor would 
please write Franklin of their opinion. 

The weeks passed; and replies came to Franklin 
from only two out of the thirteen colonial governors. 
"It seems," said Franklin to Grenville, "that the 
Colonists make very little rebellion. Certainly, they 
do not, as I requested, offer any better method of 
raising money for the National Debt." 

And so it came about that when Grenville at last 
put his stamp bill tax before Parliament, it was ac- 
cepted and the bill became a law. No one dreamed 
of the convulsion this well-meant tax was doomed to 
bring about. Indeed, it was considered of so little 
import that there was little debate in the House and 
the newspapers hardly mentioned it, so many other 
matters were there before Parliament of much 
greater interest. 

Now it chanced that when George III was being 



32 THE STORY OF THE CONSTITUTION 

crowned the largest jewel in the crown fell to the 
floor. "An omen! An omen!" cried the people. 
And in the years to come, after the American Colonies 
had separated from England (and largely because of 
this Stamp Act) people were fond of recalling the 
incident at the Coronation and declaring that the 
American Colonies were the largest jewel in the 
crown of England. 

The story of the excitement in the colonies when the 
Stamp Act became known, and especially when the 
Stamp Act Agents came over with the stamps, is well- 
known to every American boy and girl. What hap- 
pened in England at the same time and over the same 
Stamp Act, is not so well-known. 

While excitement over the Stamp Act was going on 
in America, George III was taken very ill; the first 
of the many illnesses which finally destroyed his mind 
and left him a helpless wreck. 

Grenville had by this time become so unbearable 
to him that it is said that he could not bear to see him 
enter his door. 

Once it was suggested that Pitt be made minister 
in Grenville's place; and bitterly as George III hated 
Pitt — The Great Commoner — as he was called, 
he said, "Yes, yes; any one, any one, so that I be 
rid of this hateful Grenville !" 

Grenville, however, went on in his office of Minister 
for some time yet, and Pitt was quite content to wield 
his power from his seat in the House of Commons. 

The time had come, however, when something 
must be done in regard to the matter of home protec- 
tion. Every day business in England grew less and 



THE STORY OF THE CONSTITUTION 33 

less; failures were frequent and bankruptcies more 
frequent. Once when George went out to ride, his 
carriage was surrounded by a procession of weavers 
all in black, waving black banners. These weavers 
were men who had been thrown out of work and who 
were starving. Everywhere there were riots and some 
of the sailors mutinied. Something must be done; 
and so a day was set aside by Parliament for a debate 
upon the subject of American Taxation. 

"If I can crawl or be carried, I will be there to free 
my heart and my mind," said Pitt, whose gout was 
growing worse. 

At the appointed hour, Parliament assembled and 
George III made his opening speech. In spite of all 
that the Navigation Laws and the Stamp Act had 
done in America and in spite of all the misery that 
had come from them in America, George's speech 
contained not one word of promise, not one word of 
suggestion. Not a line was there tending to pacify 
the colonists, much less to yield them justice. From 
everywhere in England, from the colonies, and even 
from Jamaica, where commerce had been destroyed 
and the beautiful island laid waste because of the 
foolish and short-sighted Navigation Laws, petitions 
had come to George III and to Parliament. All 
told the same story of trade destroyed, of factories 
closed, of workmen thrown out of work and of suffer- 
ing and starvation. But of all this George III said 
not a word. He closed his feeble speech and the 
Great Debate opened January 10, 1766. The ques- 
tion before the house was not so much whether or 
not the Stamp Act was to be allowed to stand, as 



34 THE STORY OF THE CONSTITUTION 

whether Parliament had or had not a right to tax the 
Colonies. 

" There cannot be two rights existing at the same 
time," said Lord Lyttleton; "the right of a Parlia- 
ment to make laws and the people to disobey them. 
Government," he said, "must rest somewhere or 
there is an end to government. Are the colonies a 
part of Great Britain or are they not? If not, we 
have no right to tax them, and that admits that they 
are independent. If they are a part of Great Britain, 
they are subject to Great Britain and they should pay 
their taxes. If the colonies are excused, we shall 
next be asked to excuse the crown's subjects in 
England." 

"I am not contending that the colonies are inde- 
pendent," said Lord Camden, "but I say that there 
are superior legislations and there are inferior legisla- 
tions; and there are some things which superior 
legislation cannot do — it cannot take away private 
property; it cannot condemn a man by a Bill of 
Attainder ° without giving him a hearing. Guernsey, 
the Isle of Man and Ireland tax themselves. Why 
not allow the American colonies to do the same? 
And, gentlemen, even though the Colonies had no 
right to tax themselves, I maintain that it would be 
an excellent plan to allow them to do so." 

"British Parliament," said Mansfield, "represents 
the whole British Empire, and it has power and 
authority to bind every part of it and every subject 
within it. There is no need for ' representation.' 
The Crown represents the entire empire." 

"The gentleman who has spoken is right," said 



THE STORY OF THE CONSTITUTION 35 

Ex-Treasurer North; "every government has the 
right to impose taxes arbitrarily upon all its sub- 
jects. It is best for the American colonies themselves 
that they be obedient to authority. Already they 
have fought among themselves and if we are to have 
no authority over them, it will end in continual feuds. 
The Englishmen in the colonies are as much repre- 
sented in Parliament as are the Englishmen upon 
English soil, for out of nine million Englishmen in 
England only one million have the franchise. Why, 
pray, should we favor these Americans ? What have 
these Americans done to deserve favor ? They have 
called meetings and have passed Resolutions by 
which, in my opinion, they have forfeited their char- 
ters. The colonies have grown too large to be 
governed by the simple charters which were granted 
them in the beginning, and it is best that the Crown 
form some plan of laws for them. If they withdraw 
their allegiance, we will withdraw our protection and 
then, what?" 

And now came the war of words between Pitt and 
Grenville. Pitt rose to his feet, and in a voice so 
low that every man was forced to listen, he began: 
"As to the late Ministry," said he, turning to Gren- 
ville, " every measure they have taken has been en- 
tirely wrong. As to the present ministry, I have no 
objection, I have never been sacrificed to them; still, 
I cannot give them my confidence. Some of them 
were kind enough to ask my advice; still I cannot 
give them my confidence, for confidence is a plant 
of slow growth in an aged breast, for methinks I see 
in comparing events, that we have an overruling 



36 THE STORY OF THE CONSTITUTION 

influence — looking straight at Bute as he spoke. 
"Could I have submitted to influence, I might now 
be in the Cabinet! But I could not; I would not 
be responsible for the acts of others. 

" It is a long time since I have been in Parliament; 
I was not here when this tax was laid upon America. 
Had I been able I would have been carried here and 
laid gently down upon the floor that I might have 
borne testimony against it. It is now an act that is 
passed. I would speak with decency of every act 
of this House, but I would speak with freedom. This, 
gentlemen, is a subject of greater importance than 
has ever come up in this house since a century ago 
when the question was whether we ourselves were 
to be bond or free. 

"I will speak on only one point — on the right of 
the Crown to tax the colonies. Gentlemen, I con- 
sider that the Crown has no right to tax the colonies. 
And yet, I assert the authority of this kingdom over 
the colonies to be supreme in every circumstance. 
But the colonies are the subjects of this kingdom; 
they are equally entitled with ourselves to all the 
natural rights of mankind and the peculiar privileges 
of Englishmen. They are equally bound by its laws, 
they equally participate in its constitution. The 
Americans, gentlemen, are sons of England! Taxa- 
tion is no part of legislative power. Taxes are a 
voluntary gift and grant of the House of Commons 
alone. In ancient days, the Crown, the clergy, and 
the Barons possessed the lands. Even then the 
Barons and the clergy made their grants to the Crown. 
But now the common people possess the land. The 



THE STORY OF THE CONSTITUTION 37 

church has but a pittance ; the property of the Lords 
is little in comparison with that of the commons. 
And this House represents these Commons! When, 
therefore, in this House we give and grant, we give 
and grant that w r hich is our own. But in an Ameri- 
can tax, what do we do ? Do we give and grant that 
which is our own ? No, we give and grant that which 
belongs to the Commons in America. 

" There is an idea in the House that the Commons 
in America are represented. I fain would know 
how they are represented. Are they represented by 
the Knights in any county of this kingdom? Are 
they represented by any Representative of any 
Borough ? The idea that America is represented in 
this House is an absurdity. It does not even deserve 
refutation. We have bound the colonies by re- 
strictive navigation laws, we have bound them by our 
own laws; we have done everything except to take 
money out of their pocket without their consent." 

And now George Grenville took the floor. "I am 
not able," he said, "to understand the difference be- 
tween an external and an internal tax. That this 
country has supreme authority over America has 
been acknowledged. It cannot be denied; then it 
has a right to tax America. It is a right which any 
government has. It has always been exercised over 
people who were not represented. It is exercised 
to-day over the India Company and over the London 
merchants and over the proprietors of stocks; why, 
then, not over the Americans? 

"When I proposed to tax America, I asked if any- 
one in the House had any objection — no one had. 



38 THE STORY OF THE CONSTITUTION 

Great Britain protects America; America is bound 
to yield obedience to the country that protects her. 
When America needs the protection of England, 
she asks for it, and she has always received it, amply 
and generously. The nation has run itself into enor- 
mous debt to protect the colonies; and now when 
we ask them to assist in defraying this expense, they 
object. They renounce our authority, they insult 
our officers, and break out, almost I might say, into 
rebellion. 

The seditious spirit in the colonies is due to the 
factions in this House. Gentlemen in this House 
care little what they say if only they may oppose. 
When the matter of this tax came up, they told us to 
expect rebellion — to expect disobedience. What 
was this but encouraging the Americans to resist?" 

Here Mr. Grenville ceased speaking. In a second, 
a dozen men were upon their feet, among them Pitt. 

"Pitt! Pitt! Pitt!" cried the House, and Pitt was 
given the floor. 

"I am not making a second speech/' said Pitt, 
"but rather did I reserve this part of my speech that 
I might save the time of the House. I am com- 
pelled, however, to proceed. We have been charged, 
gentlemen, with giving birth to sedition in the colonies. 
We spoke our sentiments on the subject and now this 
act is considered a crime. Has it come to this, that 
free speech in the House of Commons is a crime? 
The gentleman who has just spoken tells us that the 
Americans are obstinate — that they are almost 
in rebellion. I rejoice that America has resisted! 
Three millions of people so dead to all feelings of 



THE STORY OF THE CONSTITUTION 39 

liberty, as to submit voluntarily to be treated as 
slaves, would be a fit instrument, indeed, to make 
slaves of. 

"I am no courtier of America. I stand for the 
kingdom, I maintain that Parliament has a right to 
bind, to restrain America. I maintain that the right 
of Parliament over the colonies is surpeme ; but when 
one country rules over another, she must so rule as 
not to contradict the fundamental principles that are 
common to both. 

"The genteman asks when were the colonies 
freed from the rule of the Crown ? I ask when were 
they made slaves? The profits from the colonies 
last year were two million ; it was the fund with which 
you carried on the war. Thus has America paid 
for her protection. ... In closing, I beg the 
House to allow me to express what is my opinion : it 
is that the Stamp Act should be repealed absolutely, 
totally, and immediately." 

Following Pitt came Nicholson Calvert. "I 
have changed my mind since last year," said he. "I 
then thought that nothing could be more fair than 
that the colonies be taxed and so pay for the expense 
of the war which was carried on for her protection. 
But Mr. Pitt's argument that we should bear in mind 
that the colonists carried with them into their new 
homes the same spirit of liberty which abides in the 
heart of every Englishman, I see that the right honor- 
able gentleman's reasoning is right. Two prin- 
ciples he places before us — one that in every free 
country no man can be taxed without his permission ; 
the other that in every land there must be a supreme 



40 THE STORY OF THE CONSTITUTION 

power, a supreme legislature. But whether right or 
wrong to tax the colonies, I ask, is it expedient to do 
so just now? Taxation of a country like America 
is a very different thing from quelling a mob like that 
which recently came out to meet our sovereign. 

"It matters little just now whether the colonists are 
right or wrong. The question is, dare we tax them ? 
Dare we drive them on ? Let us not, sir, drive them 
to despair. The despair of a brave people always 
turns to hate." 

Topics for Class Research 

Navigation Acts. 

Richard I. 

Edward IV. 

Henry VIII. 

James I. 

Lord Baltimore's Charter. 

Lord Lyttleton. 

Lord Camden. 

Bill of Attainder. 

Lord North. 

Nicholson Calvert. 



COLONIAL ADMINISTRATION 

It was about this time that a pamphlet written on 
"The Administration of the Colonies" was printed 
in England. This pamphlet set forth very plainly 
what certain Tories thought of colonies and their 
duties to a Mother Country. It began by setting 
forth the commercial conditions then existing between 
England and the Colonies, and then went on to state 
the duties of each to the other. It is valuable to us 
here because it helps us to understand the real story 
of Colonial resistance. 

"Commerce now rules the world," the pamphlet 
said. "At the beginning of the French and Indian 
War, commercial honors were about equally divided 
between England and France. To-day, the honors 
are all with us, the English. The great thing, then, 
is to keep these honors. How then shall we do it ? 
There is no denying that the Colonies have their own 
interests, and that those interests are not at one with 
those of the Mother Country. 

"It is evident, too, that the Colonies have large op- 
portunities, situated as they are, so far from the 
Mother Country, to set up independence of trade. 

"This, however, is the very thing that we must 
not allow. We must see to it that the profits from 
colonial produce and manufactures come to England. 
We must see to it that we remain the only buyers 

41 



42 THE STORY OF THE CONSTITUTION 

from the colonies. Again, we must see that these 
colonies are encouraged to keep separate from each 
other; for should they learn that they can combine 
they will soon learn to throw off the English govern- 
ment and set up for themselves. Fortunately these 
colonies have, as yet, little in common. Let us see 
to it then, that they remain separate. Better will it 
be for us to allow them great freedom in home govern- 
ment, each distinct from the other, rather than that 
they become dissatisfied and so find it necessary to 
combine. 

" We must see that they remain our ' appropriated 
customers'; that they export only to an English 
port, that all exports come through the hands of 
English officers. Already these colonies have large 
trade with foreign countries. This we cannot now 
kill; but we may establish in every port an English 
office and demand that all Colonial ships unload 
only at the command of our sovereign and at the 
warehouses of these English offices. 

"We should see to it that whatever laws we 
make for the colonies are enforced. For example, 
we have now the law forbidding cutting down trees 
which are twenty-four inches in circumference. 
This law is not enforced and the colonists evade 
it by cutting down trees before they reach that 
size. This is good neither for the trees nor for 
the colonies nor for the government." 

This pamphlet, written by ail English merchant, 
shows us how candidly the merchants spoke in those 
days on colonial restrictions and what they thought. 
They knew that their own commerce was in danger, 



THE STORY OF THE CONSTITUTION 43 

and they hesitated not to admit their fear and suggest 
methods for protecting themselves. 

Another Englishman, interested in commerce, wrote 
at this time, "If the American Colonies manufacture 
steel and send it to England, they will injure our 
trade. If they are allowed to make steel and draw it 
with tilt hammers, they will soon manufacture steel 
articles. If they manufacture steel articles, they will 
export them to our Country; and if they export them 
they will sell more cheaply than we can and so will 
ruin our own industry." 

For a whole century this attempted suppression 
of colonial commerce had been going on through 
Navigation Acts, and Trade Laws — twenty-nine 
in all! And each one for the express purpose of re- 
ducing Colonial manufactures and American com- 
merce. Is it any wonder that one-fourth of the 
signers of the Declaration of Independence were 
Colonial merchants? Is it any wonder that smuggling 
had grown in America to be a profession ? Is it any 
wonder that the colonies rose at last in rebellion ? 

Still, we must keep in mind, for the sake of being 
absolutely fair, that all Mother Countries treated their 
colonies in the same way, and all sovereigns con- 
sidered it right and just. "Colonies must submit to 
the protecting Country," they said. "And colonies 
must not injure the Mother Country — for their 
own final good." And so, while we condemn George 
III for his course with the American Colonies, and 
while no government in the world would to-day up- 
hold so foolish a policy, we must, if we would keep 
our historical balance, keep in mind that after all, 



44 THE STORY OF THE CONSTITUTION 

George III did only what any other king at that time 
would probably have done. 

George III was dull and stupid; he could grasp 
nothing that was new; and he was inflated with his 
new-born theory of his own divine appointment 
to rule, and also with his new-born theory that the 
common people have no rights of their own ; but his 
great mistake was that he did not recognize that his 
Colonial "Children" had grown up and that there- 
fore he could not and ought not to disregard whollv 
their grown-up opinions. 

The Stamp Act was repealed, to be sure; but the 
dogged stupidity of George III and his advisors as to 
why the colonists had rebelled still remained un- 
changed. Not yet could George see that the colonists, 
still considering themselves Englishmen, were re- 
senting treatment which they felt would not have 
been meted out to Englishmen living upon English 
soil. He could not see that in no wise were the 
colonists politically different from the Englishmen 
upon English soil. Neither could he see what the 
colonists meant when they asked that their Assem- 
blies be considered as branches of the English Parlia- 
ment and that they work in co-operation with that 
Parliament. 

" British Parliament must remain supreme," was 
all the stupid King could say in reply, although Pitt 
had thundered out his arguments. 

And so an act was passed, the Declaratory Act, in 
which Parliament declared its stand, i.e., that there 
could be one and only one Parliament and that 
Parliament considered itself invested with supreme 



THE STORY OF THE CONSTITUTION 45 

power to make whatever laws seemed best for the 
colonies. 

Rockingham, who was now Minister, had, if 
possible, less sympathy with the colonies than Gren- 
ville and his cabinet had had. Accordingly, Rock- 
ingham resurrected the so-called Mutiny Act,° which, 
although it declared that colonies should furnish 
English troops with bed and food and shelter, had 
never been put into force. 

There seems to have been no good reason why this 
Mutiny Act should have been dragged out just here 
when the colonists were still chafing under the Stamp 
Act. And it would seem as if any large minded 
Minister would have realized that nothing would be 
gained by applying another lash. It is so often said 
that this Act was brought to life as a simple matter 
of vengeance to show the colonists that Parliament 
was yet supreme in spite of the apparent victory of 
the colonists. It is hard to believe, however, that 
any man versed in politics should have stooped to 
so petty a revenge. For the most part, the behavior 
of George III and his advisors were acts of stupidity, 
rather than of vengeance; and it is possible, even 
probable, that this too was an act of stupid inapprecia- 
tion of what the uprising of the Englishmen who 
were now living on the other shore of the ocean meant. 

When the Mutiny Act reached the New York 
Assembly, it was carefully read; but the Assembly 
politely refused to accept it. This Act, said the 
Colonial Speaker, is so carelessly drafted, that even 
though we were willing to comply with the spirit of 
it, we cannot pledge ourselves to accept a Bill capable 



46 THE STORY OF THE CONSTITUTION 

of so many interpretations. Accordingly a Com- 
pensation Bill was drawn up by the Assembly and 
sent to George III. 

The Compensation Bill was coolly ignored by Par- 
liament and the ship that brought back the report to 
the colonies also brought a report that Parliament 
was about to invent a new scheme of taxation. 

The Rockingham Ministry of England lasted only 
a short time — about a year and twenty days. It 
was a stupid, aimless Ministry, but there were two 
or three advances made along lines of liberty during 
its brief existence. The cider tax was repealed, 
General Warrant ° was abolished, a resolution was 
introduced in favor of abolishing the right to seize 
private papers, and American trade was freed from 
some of its restrictions. 

The next Ministry was that of William Pitt. In 
the government formed by him the Duke of Grafton 
became the nominal head, and Charles Townshend 
was made Chancellor of the Exchequer — Charles, 
the spoiled child of Parliament, as he was sometimes 
called. " Charles, the rollicking, brilliant, irrespon- 
sible, whom the papers caricatured with a whirligig 
in his hands, or as a Jack-at-both-ends in a game 
of see-saw." Such is the description of him by one 
English historian. 

The matter of forcing the colonies to pay for the 
keep of English troops was the important matter be- 
fore Parliament when Charles became Minister. 
Grenville, who was the parent of this scheme, quoted 
many acts of Parliament in the past in support of 
his scheme. He even quoted his Stamp Act, declar- 



THE STORY OF THE CONSTITUTION 47 

ing yet that had Parliament held out with troops there 
need have been no repeal; and that, moreover, the 
colonists would have been taught a lesson which would 
have made future dealings with them more tolerable. 
" There is no reason," said Grenville, "why the 
colonies should not, as Ireland does, support its 
own affairs. I propose, then, that they be taxed 
£400,000 per year for the support of English troops 
which we may, if we need, quarter in America. 

Townshend arose when Grenville had finished and 
said, "The Administration has already thought of 
this; but I have a plan for raising money for our 
National Debt which, while it will relieve England, 
will not burden the colonies." 

"Hear! hear!" the House applauded. 

Townshend continued. "I too am still in favor 
of the Stamp Tax. But for undue excitement it 
would indeed have been a success. I laugh to think 
of the delicate distinction which the colonists make 
between an internal and an external tax." ° And 
in the end, he cried tragically, "Alas! alas! if the 
Colonists are to pay no taxes, England is ruined — 
ruined!" 

At this, Grenville sprang to his feet. "Cowards!" 
he thundered. "You dare not tax America!" 

"Cowards!" cried Townshend springing again 
to his feet. "Cowards, did you say? Did you say 
I dare not tax America? Did you say that I am 
afraid of America? Then dropping his voice, the 
excitable Townshend said, "I will tax the colonies. 
I will prove to you that I dare tax the American 
colonies." 



48 THE STORY OF THE CONSTITUTON 

"I hope I may live to see it," sneered Grenville. 

"You will live to see it," cried Townshend. 

"Has Townshend a scheme in his head or is it only 
high tragedy?" the Members of Parliament asked 
each other, as the days went on; but no one could 
tell. 

At last, however, after some time had passed, 
Townshend came forward with his scheme. Parlia- 
ment made itself ready to listen ; for he had insinuated 
so much that the members believed that Townshend 
had indeed invented some unique plan for raising 
money from the colonies. 

"I propose," said Townshend, "a bill which we 
shall call A Revenue Bill. It is, of course, a 
method for raising money in the colonies ; but since 
it is not called a tax I am hoping that the pride of 
the colonies will be spared offense. Through this 
revenue bill, I propose to lay a tax upon the following 
articles: paper, glass, paint, and tea." 

"There will be little revenue from those articles," 
sneered some member of the House. 

"These articles would, I admit, bring not more 
than ^400,000 a year," said Townshend. But when 
he was asked what then was his object in making 
a revenue bill based upon these articles, he made 
no reply. Historians are yet wondering what his 
object was. Did he do this to punish the colonists ? 
Did he think such a bill really worth while ? Or 
did he invent the scheme simply to show Grenville 
that he dared tax the American colonies ? 

"This is foolishness," Grenville said; "I have a 
better scheme myself. Let us make paper money 



THE STORY OF THE CONSTITUTION 49 

and loan it to the colonists, they paying their tax 
thus in the form of interest." 

"That is a good plan/' said Townshend; "I had 
myself thought of it. Nevertheless the "good plan" 
was not passed, and the Revenue Bill was. 

Townshend's next scheme was that a suspension 
act be passed. "By that I mean," he said, "an 
act by which the Assemblies of the colonies be made 
to suspend — disband — until the colonists are ready 
to agree to take care of our troops as we have asked 
them to." 

The Suspension Act was passed and Townshend 
perhaps showed his true spirit when he said, "This 
will teach the colonies a lesson!" 

When the Revenue Bill reached the colonies no 
words can express the indignation of the colonists. 
"This is an insult," they said. " Paper, glass, paint, 
tea! Mere trifles! Has this bill been passed as an 
intended insult ? Intolerable ! ' ' 

In Boston, a meeting was called in Faneuil Hall 
and a vigorous protest made. 

A long, fiery debate followed — no, not a debate, 
for not a man was present who did not agree with 
the speakers, that this Revenue Bill was an insult 
and an added offense. At the close of the meeting, 
a document was drawn up petitioning the king. 
In the petition, the colonists declared that home 
industries must be encouraged; that some fifty or 
more articles would no longer be imported from Eng- 
land since these could readily be made in the colonies 
themselves. " The time has come," said one speaker, 
"when we must make England's king and his ad- 



50 THE STORY OF THE CONSTITUTION 

visors understand that it is not the amount of taxa- 
tion which we resist, but that it is the principle" 

When this petition reached England, the Ministry 
was indignant. "This," they said, "is what comes 
from having given way to the colonies in the Stamp 
Act. We have taught them that we are afraid of 
them, that we dare not legislate against them." 

"We had supposed," said one member of Parlia- 
ment," that America would be grateful for all we 
have done for her. We had supposed that she would 
gladly give her part towards removing the heavy 
debt that was incurred in protecting her from the 
French and Indians! Alas, alas! the pernicious 
idea of independence has seized upon the American 
colonies and already they unite to injure our trade! 
This combination is, I say, illegal. They have no 
right to combine against our sovereign! Let us 
destroy this combination. It may be that we can- 
not force America to buy of us, but at least we may 
break up this combination!" 

"There is but one thing to do," said Lord North, 
Chancellorof the Exchequer after Charles Townshend, 
and who had now succeeded the Duke of Grafton as 
Prime Minister. "That is to send troops to Boston 
and force these rebellious colonists into obedience. 
"And how shall it be done?" 
"We can seize upon their commerce." 
"They complain that we have already done that." 
"There is more that we can do, and we will. We 
can close the Boston Port, since the Puritans of Bos- 
ton seem to lead in this insolence." 

Accordingly, the Boston Port Bill ° was passed, 



THE STORY OF THE CONSTITUTION 5 1 

forbidding any merchant vessels to pass either in or 
out of the Boston Port. This was a serious thing to 
do — closing a port — whatever insolence the Cab- 
inet may have felt had been offered them by the re- 
bellious colonists; for to close a port means to cut 
off trade, and that means cutting off money with 
which to buy food. The Cabinet, however, was at 
its dull wits' end; they saw only that something must 
be done. 

The news of the Port Bill was, therefore, sent 
across the ocean. The vessel bearing it came sailing 
up into the harbor one bright morning and the offi- 
cer on board went at once to the governor. 

It would be impossible to describe the scenes that 
followed. The people as a whole were in a fury of 
rage. Riots and mobs threatened, and it was all 
that the authorities could do to prevent bloodshed. 
More sober citizens, however, were very brave; for 
they realized the full meaning of the act. It was one 
that no self-respecting colony could overlook or at- 
tempt to conciliate. There was nothing for a colony 
thus besieged except open rebellion. And open re- 
bellion meant — The thoughtful men dared not 
think what it meant, for down in their hearts they 
knew that but one thing remained for them — open 
rebellion, and the throwing off of English rule. 
This no one wished to do; for in all things the colonists 
would have been glad to remain Englishmen and 
loyal to the English government. All they asked was 
fair treatment in their commercial life, which meant 
to them nothing more nor less than their means of 
making their living. 



52 THE STORY OF THE CONSTITUTION 

Indignation spread through the colonies as rapidly 
as the news could be carried ; and when Salem heard 
what had happened to Boston, she sent a messenger 
to say that the tradesmen of Salem would gladly wel- 
come the merchant ships into their own port, and 
that they would in every way in their power assist 
the Boston merchants in loading their merchandise 
upon the outgoing ships. 

This and many other expressions of rebellion 
against the Boston Port Bill only increased the anger 
of Lord North and his cabinet ; and in the end, as 
we all know, General Gage appeared in Boston 
Harbor with troops, which he landed, ordering them 
to pitch their camp upon Boston Common. 

This was one of the last acts of King George and 
his Minister, Lord North. It was, indeed, the last 
straw upon the already bending backs of the colo- 
nists. Meetings were now held in all parts of the 
thirteen colonies. All realized that something must 
be done. And so it came about that on the Fourth 
of July, 1776, the leading merchants and others met 
in convention to decide what step would best be 
taken in replying to King George. In the end, as we 
know, they voted for a " Declaration of Indepen- 
dence" to the King of England and from the English 
Government. This document was signed by the 
leading and most influential men of the colonies, 
one-fourth of them merchants, who were qualified 
to speak upon matters relating to the suppression of 
commerce. 



THE STORY OF THE CONSTITUTION 53 

Topics for Class Research 

Rockingham. 

Mutiny Act. 

Compensation Bill. 

General Warrant. 

What Restrictions were Removed. 

Townshend. 

Ireland's Support of Its Own Affairs. 

External and Internal Taxes. 

Revenue Bill. 

Suspension Act. 

The Petition. 

Boston Port Bill. 

Note to Teachers The next period of study upon the 
Constitution should be devoted to the study of the Decla- 
ration of Independence. 



THE DECLARATION OF INDEPENDENCE 

In Congress, July 4, 1776 

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
STATES OF AMERICA. 

When in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume among the powers of 
the earth the separate and equal station to which the laws of 
nature and of nature's God entitle them, a decent respect to 
the opinions of mankind requires that they should declare the 
causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are 
created equal, that they are endowed by their Creator with 
certain inalienable rights, that among these are life, liberty 
and the pursuit of happiness. That to secure these rights, 
governments are instituted among men, deriving their just 
powers from the consent of the governed. That whenever 



54 THE STORY OF THE CONSTITUTION 

any form of government becomes destructive of these ends, it 
is the right of the people to alter or to abolish it, and to insti- 
tute new government, laying its foundation on such princi- 
ples and organizing its powers in such form, as to them shall 
seem most likely to effect their safety and happiness. Pru- 
dence, indeed, will dictate that governments long established 
should not be changed for light and transient causes; and ac- 
cordingly all experience hath shown, that mankind are more 
disposed to suffer, while evils are sufferable, than to right 
themselves by abolishing the forms to which they are accus- 
tomed. But when a long train of abuses and usurpations, 
pursuing invariably the same object, evinces a design to re- 
duce them under absolute despotism, it is their right, it is their 
duty, to throw off such government, and to provide new guards 
for their future security. Such has been the patient sufferance 
of these Colonies; and such is now the necessity which con- 
strains them to alter their former systems of government. The 
history of the present king of Great Britain is a history of 
repeated injuries and usurpations, all having in direct object 
the establishment of an absolute tyranny over these States. 
To prove this, let facts be submitted to a candid world. 

He has refused his assent to laws, the most wholesome and 
necessary for the public good. 

He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their opera- 
tion till his assent should be obtained; and when so suspended, 
he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish 
the right of representation in the legislature, a right inestimable 
to them and formidable to tyrants only. 

He has called together legislative bodies at places unusal, un- 
comfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly, for op- 
posing with manly firmness his invasions on the rights of the 
people. 



THE STORY OF THE CONSTITUTION 55 

He has refused for a long time after such dissolutions to 
cause others to be elected; whereby the legislative powers, 
incapable of annihilation, have returned to the people at large 
for their exercise; the State remaining in the meantime ex- 
posed to all the dangers of invasion from without, and con- 
vulsions within. 

He has endeavored to prevent the population of these States; 
for that purpose obstructing the laws for naturalization of 
foreigners; refusing to pass others to encourage their migration 
hither, and raising the conditions of new appropriations of 
lands. 

He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the 
tenure of their offices, and the amount and payment of their 
salaries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people, and eat out their sub- 
stance. 

He has kept among us, in times of peace, standing armies 
without the consent of our legislatures. 

He has affected to render the military independent of and 
superior to the civil power. 

He has combined with others to subject us to a jurisdiction 
foreign to our Constitution, and unacknowledged by our laws; 
giving his assent to their acts of pretended legislation. 

For quartering large bodies of armed troops among us. 

For protecting them, by a mock trial, from punishment for 
any murders which they should commit on the inhabitants of 
these States. 

For cutting off our trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us in many cases of the benefits of trial by jury. 

For transporting us beyond seas to be tried for pretended 
offences. 

For abolishing the free system of English laws in a neigh- 
boring province, establishing therein an arbitrary government 
and enlarging its boundaries so as to render it at once an ex- 



56 THE STORY OF THE CONSTITUTION 

ample and fit instrument for introducing the same absolute 
rule into these Colonies. 

For taking away our charters, abolishing our most valuable 
laws, and altering fundamentally the forms of our governments. 

For suspending our own legislatures, and declaring them- 
selves invested with power to legislate for us in all cases what- 
soever. 

He has abdicated government here, by declaring us out of 
his protection and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mer- 
cenaries to complete the work of death, desolation and tyranny, 
already begun with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy 
the head of a civilized nation. 

He has excited domestic insurrection among us, and has en- 
deavored to bring on the inhabitants of our frontiers, the 
merciless Indian savages, whose known rule of warfare is an 
undistinguished destruction of all ages, sexes, and conditions. 

He has constrained our fellow citizens taken captive on the 
high seas to bear arms against their country, to become the 
executioners of their friends and brethren, or to fall them- 
selves by their hands. 

In every stage of these oppressions we have petitioned for 
redress in the most humble terms. Our repeated petitions 
have been answered only by repeated injuries. A prince, 
whose character is thus marked by every act which may de- 
fine a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British breth- 
ren. We have warned them from time to time of attempts by 
their legislature to extend an unwarrantable jurisdiction over 
us. We have reminded them of the circumstances of our 
emigration and settlement here. We have appealed to their 
native justice and magnanimity, and we have conjured them by 
the tie9 of our common kindred to disavow these usurpations, 
which would inevitably interrupt our connection and corre- 
spondence. They too have been deaf to the voice of justice 



THE STORY OF THE CONSTITUTION 57 

and of consanguinity. We must, therefore, acquiesce in the 
necessity, which denounces our separation, and hold them, as 
we hold the rest of mankind, enemies in war, in peace friends. 
We, therefore, the representatives of the United States of 
America, in General Congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name, and by authority of the good people of these 
Colonies, solemnly publish and declare, that these United 
Colonies are, and of right ought to be, free and independent 
States; that they are absolved from all allegiance to the British 
crown, and that all political connection between them and the 
State of Great Britain, is and ought to be totally dissolved; 
and that as free and independent States, they have full power 
to levy war, conclude peace, contract alliances, establish com- 
merce, and to do all other acts and things which independent 
States may of right do. And for the support of this declara- 
tion, with a firm reliance on the protection of Divine Providence, 
we mutually pledge to each other our lives, our fortunes and 
our sacred honor. 

John Hancock 

New Hampshire 
Josiah Bartlett William Whipple 

Matthew Thornton 

^Massachusetts Bay 
Samuel Adams * Robert Treat Paine 

John Adams Elbridge Gerry 

Rhode Island 
Stephen Hopkins William Ellery 

Connecticut 
Roger Sherman William Williams 

Samuel Huntington Oliver Wolcott 

New York 
William Floyd Francis Lewis 

Philip Livingston Lewis Morris 



58 THE STORY OF THE CONSTITUTION 

New Jersey 

Richard Stockton Francis Hopkinson 

John Witherspoon John Hart 

Abraham Clark 

Pennsylvania 
Robert Morris George Clymer 

Benjamin Rush James Smith 

Benjamin Franklin George Taylor 

John Morton James Wilson 

George Ross 

Delaware 
Cesar Rodney George Read 

Thomas McKean 

Maryland 
Samuel Chase Thomas Stone 

William Paca Charles Carroll 

of Carrollton 

Virginia 
George Wythe Benjamin Harrison 

Richard Henry Lee Thomas Nelson, Jr. 

Thomas Jefferson Francis Lightfoot Lee 

Carter Braxton 

North Carolina 
William Hooper Joseph Hewes 

John Penn 

South Carolina 
Edward Rutledge Thomas Lynch, Jr. 

Thomas Heyward, Jr. Arthur Middleton 

Georgia 
Button Gwinnett Lyman Hall 

George Walton 



THE ARTICLES OF CONFEDERATION 

It was a grand and heroic thing to declare inde- 
pendence from the oppressive government of George 
III; but a great deed carries with it great conse- 
quences and new duties. When the people of the 
American colonies threw off the English government, 
they also threw off the protection of that government. 
Had a foreign power chanced to attack the colonies 
at this time, the colonies would have been helpless 
before the attack; for there was for some weeks 
no fixed form of government; and certainly Eng- 
land would not have come to their rescue, unless, 
indeed, she saw in their helplessness an opportunity 
to reinstate her power over the colonies. 

Fortunately, no foreign power at the time cared 
to take advantage of the weakness of the colonies; 
nevertheless, the wisest statesmen in the colonies 
realized that some form of central government must 
be formed and that right speedily. Should war 
follow this Declaration of Independence, and it seemed 
but reasonable that it should, there would come up 
many matters which a central government only would 
have authority to settle. There would arise need 
to raise an army, for example ; need to raise money foi 
equipment, and a central authority to appoint offi- 
cers. Indeed, a thousand things would come up 
which separate and jealous states could never properly 

59 



60 THE STORY OF THE CONSTITUTION 

attend to, since no one state had authority over any 
other state. 

A delegation of leading statesmen from each 
colony, then, was sent to Philadelphia, to prepare 
some form of document which should serve tempo- 
rarily, at least, as a basis of Confederation. 

On the twelfth of July, then, only eight days ajter 
the Declaration, these delegates reported that they 
had formed a plan for Confederation ° and accord- 
ingly the following Articles of Confederation ° were 
drawn up and presented to the states for ratification. 

These Articles were accepted by the states — to 
stand as the Government of the United States of 
America for the time being. 



Topics for Class Research 

Duties of a Protective Government such as England was 

at this time to her colonies. 
Duties of a colony to a Protective Government. (Compare 

England's attitude towards the American Colonies and 

the attitude of United States towards our colonies.) 
Meaning of the word Confederation. 
Meaning of the word Ratification. 
Assign an "article" to each pupil and discuss it during 

the class period. 
How did the States receive the Articles of Confederation — 

i.e., with enthusiasm, tolerance, or because a necessity 

of the crisis? 



THE STORY OF THE CONSTITUTION 6l 

ARTICLES OF CONFEDERATION 

TO ALL TO WHOM THESE PRESENTS SHALL COME, 

We, the undersigned, Delegates of the States affixed to our names, 
send greeting: 

Whereas the delegates of the United States of America in 
Congress assembled, did, on the fifteenth day of November, in 
the year of our Lord one thousand seven hundred and seventy- 
seven, and in the second year of the Independence of America, 
agree to certain Articles of Confederation and Perpetual Union, 
between the States of New Hampshire, Massachusetts Bay, 
Rhode Island and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
ginia, North Carolina, South Carolina, and Georgia, in the 
words following, viz.: 

Articles of Confederation and Perpetual Union between the States 
of New Hampshire, Massachusetts Bay, Rhode Island and 
Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina, and Georgia. 

Article I. — The style of this Confederacy shall be, "The 
United States of America." 

Art. II. — Each State retains its sovereignty, freedom and 
independence, and every power, jurisdiction and right, which is 
not by this Confederation expressly delegated to the United 
States in Congress assembled. 

Art. III. — The said States hereby severally enter into a 
firm league of friendship with each other, for their common 
defense, the security of their liberties, and their mutual and gen- 
eral welfare, binding themselves to assist each other against all 
force offered to, or attacks made upon them, or any of them, on 



62 THE STORY OF THE CONSTITUTION 

account of religion, sovereignty, trade, or any other pretense 
whatever. 

Art. IV. — The better to secure and perpetuate mutual 
friendship and intercourse among the people of the different 
States in this Union, the free inhabitants of each of these States 
— paupers, vagabonds, and fugitives from justice excepted — 
shall be entitled to all privileges and immunities of free citizens 
in the several States; and the people of each State shall have 
free ingress and regress to and from any other State, and shall 
enjoy therein all the privileges of trade and commerce, subject 
to the same duties, impositions, and restrictions as the inhabi- 
tants thereof respectively: provided that such restrictions shall 
not extend so far as to prevent the removal of property imported 
into any State, to any other State of which the owner is an in- 
habitant; provided also, that no imposition, duties, or restric- 
tion shall be laid by any State on the property of the United 
States or either of them. 

If any person guilty of, or charged with, treason, felony, or 
other high misdemeanor in any State shall flee from justice and 
be found in any of the United States, he shall, upon demand of 
the governor or executive power of the State from which he fled, 
be delivered up and removed to the State having jurisdiction of 
his offense. 

Full faith and credit shall be given in each of these States 
to the records, acts, and judicial procedings of the courts and 
magistrates of every other State. 

Art. V. — For the more convenient management of the gen- 
eral interests of the United States, delegates shall be annually 
appointed in such manner as the Legislature of each State shall 
direct, to meet in Congress on the first Monday in November, 
in every year, with a power reserved to each State to recall its 
delegates, or any of them, at any time within the year, and to 
send others in their stead for the remainder of the year. 

No State shall be represented in Congress by less than two, 
nor by more than seven members; and no person shall be 
capable of being a delegate for more than three years in any 



THE STORY OF THE CONSTITUTION 63 

term of six years; nor shall any person, being a delegate, be 
capable of holding any office under the United States, for 
which he, or another for his benefit, receives any salary, fees, 
or emolument of any kind. 

Each State shall maintain its own delegates in any meeting 
of the States and while they act as members of the Committee 
the States. 

In determining questions in the United States in Congress 
assembled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not be 
impeached or questioned in any court or place out of Congress; 
and the members of Congress shall be protected in their per- 
sons from arrests and imprisonments during the time of their 
going to and from, and attendance on, Congress, except for 
treason, felony, or breach of the peace. 

Art. VI. — No State, without the consent of the United 
States in Congress assembled, shall send any embassy, to, or 
receive any embassy from, or enter into any conference, agree- 
ment, alliance, or treaty with, any king, prince, or state; nor 
shall any person holding any office of profit or trust under the 
United States, or any of them, accept of any present, emolu- 
ment, office, or title of any kind whatever from any king, prince, 
or foreign state; nor shall the United States in Congress as- 
sembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confedera- 
tion, or alliance whatever between them, without the consent 
of the United States in Congress assembled, specifying accu- 
rately the purposes for which the same is to be entered into, 
and how long it shall continue. 

No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United 
States in Congress assembled, with any king, prince, or state, 
in pursuance of any treaties already proposed by Congress to 
the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any 
State, except such number only as shall be deemed necessary by 
the United States in Congress assembled, for the defense of 



64 THE STORY OF THE CONSTITUTION 

such State or its trade; nor shall any body of forces be kept up 
by any State in time of peace, except such number only as, in 
the judgment of the United States in Congress assembled, shall 
be deemed requisite to garrison the forts necessary for the de- 
fense of such State; but every State shall always keep up a 
well-regulated and disciplined militia, sufficiently armed and 
accoutred, and shall provide and constantly have ready for use 
in public stores, a due number of field-pieces and tents; and a 
proper quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the 
United States in Congress assembled, unless such State be 
actually invaded by enemies, or shall have received certain ad- 
vice of a resolution being formed by some nation of Indians to 
invade such a State, and the danger is so imminent as not to 
admit of a delay till the United States in Congress assembled 
can be consulted; nor shall any State grant commissions to 
any ships or vessels of war, nor letters of marque or reprisal 
except it be after a declaration of war by the United States in 
Congress assembled, and then only against the kingdom or 
state, and the subjects thereof, against which war has been so 
declared, and under such regulations as shall be established by 
the United States in Congress assembled, unless such State be 
infested by pirates, in which case vessels of war may be fitted 
out for that occasion, and kept so long as the danger shall con- 
tinue, or until the United States in Congress assembled shall 
determine otherwise. 

Art. VTI. — When land forces are raised by any State for 
the common defense, all officers of or under the rank of Colonel, 
shall be appointed by the Legislature of each State respectively, 
by whom such forces shall be raised, or in such manner as such 
State shall direct, and all vacancies shall be filled up by the State 
which first made the appointment. 

Art. VIII. — All charges of war, and all other expenses that 
shall be incurred for the common defense, or general welfare, 
and allowed by the United States in Congress assembled, shall 
be defrayed out of a common treasury, which shall be supplied 



THE STORY OF THE CONSTITUTION 65 

by the several States in proportion to the value of all and 
within each State, granted to, or surveyed for, any person, as 
such land and the buildings and improvements thereon shall 
be estimated, according to such mode as the United States in 
Congress assembled shall from time to time direct and appoint. 
The taxes for paying that proportion shall be laid and levied 
by the authority and direction of the Legislatures of the several 
States, within the time agreed upon by the United States in 
Congress assembled. 

Art. IX. — The United States in Congress assembled shall 
have the sole and exclusive right and power of determining on 
peace and war, except in the cases mentioned in the sixth arti- 
cle; of sending and receiving ambassadors: entering into 
treaties and alliances, provided that no treaty of commerce 
shall be made, whereby the legislative power of the respective 
States shall be restrained from imposing such imposts and 
duties on foreigners as their own people are subjected to, or 
from prohibiting the exportation or importation of any species 
of goods, or commodities whatsoever; of establishing rules 
for deciding, in all cases, what captures on land or water shall 
be legal, and in what manner prizes taken by land or naval 
forces in the service of the United States shall be divided or 
appropriated; of granting letters of marque and reprisal in 
times of peace; appointing courts for the trial of piracies and 
felonies committed on the high seas; and establishing courts 
for receiving and determining finally appeals in all cases of 
captures; provided that no member of Congress shall be ap- 
pointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the 
last resort on appeal in all disputes and differences now sub- 
sisting, or that hereafter may arise between two or more States 
concerning boundary, jurisdiction, or any other cause what- 
ever; which authority shall always be exercised in the manner 
following: whenever the Legislative or executive authority, 
or lawful agent of any State in controversy with another, shall 
present a petition to Congress, stating the matter in question, 
and praying for a hearing, notice thereof shall be given by order 



66 THE STORY OF THE CONSTITUTION 

of Congress to the Legislative or executive authority of the 
other State in controversy, and a day assigned for the appear- 
ance of the parties by their lawful agents, who shall then be 
directed to appoint, by joint consent, commissioners or judges 
to constitute a court for hearing and determining the matter in 
question; but if they cannot agree, Congress shall name three 
persons out of each of the United States, and from the list of 
such persons each party shall alternately strike out one, the 
petitioners beginning, until the number shall be reduced to 
thirteen; and from that number not less than seven nor more 
than nine names, as Congress shall direct, shall, in the presence 
of Congress, be drawn out by lot; and the persons whose 
names shall be so drawn, or any five of them, shall be commis- 
sioners or judges, to hear and finally determine the contro- 
versy, so always as a major part of the judges who shall hear 
the cause shall agree in the determination; and if either party 
shall neglect to attend at the day appointed, without showing 
reasons which Congress shall judge sufficient, or being present, 
shall refuse to strike, the Congress shall proceed to nominate 
three persons out of each State, and the Secretary of Con- 
gress shall strike in behalf of such party absent or refusing; 
and the judgment and sentence of the court, to be appointed in 
the manner before prescribed, shall be final and conclusive; 
and if any of the parties shall refuse to submit to the authority 
of such court, or to appear or defend their claim or cause, the 
court shall nevertheless proceed to pronounce sentence or judg- 
ment, which shall in like manner be final and decisive; the 
judgment or sentence and other proceedings being in either 
case transmitted to Congress, and lodged among the acts of 
Congress for the security of the parties concerned; provided, 
that every commissioner, before he sits in judgment, shall take 
an oath, to be administered by one of the judges of the supreme 
court of the State where the cause shall be tried, "well and truly 
to hear and determine the matter in question, according.to the 
best of his judgment, without favor, affection, or hope of reward^: 
provided, also, that no State shall be deprived of territory for 
the benefit of the United States. 
All controversies concerning the private right of soil, claimed 



THE STORY OF THE CONSTITUTION 67 

under different grants of two or more States, whose jurisdic- 
tions, as they may respect such lands and the States which 
passed such grants, are adjusted, the said grants or either of 
them being at the same time claimed to have originated ante- 
cedent to such settlement of jurisdiction, shall, on the petition 
of either party to the Congress of the United States, be finally 
determined, as near as may be, in the same manner as is before 
prescribed for deciding disputes respecting territorial juris- 
diction between different States. 

The United States in Congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective States; fixing the standard of weights and measures 
throughout the United States; regulating the trade and manag- 
ing all affairs with the Indians, not members of any of the States; 
provided that the Legislative right of any State, within its own 
limits, be not infringed or violated; establishing and regulating 
post-offices from one State to another, throughout all the United 
States, and exacting such postage on the papers passing through 
the same as may be requisite to defray the expenses of the said 
office; appointing all officers of the land forces in the service of 
the United States, excepting regimental officers; appointing 
all the officers of the naval forces, and commissioning all officers 
whatever in the service of the United States; making rules for 
the government and regulation of the said land and naval 
forces, and directing their operations. 

The United States in Congress asembled shall have author- 
ity to appoint a committee, to sit in the recess of Congress, to be 
denominated "A Committee of the States," and to consist of 
one delegate from each State, and to appoint such other com- 
mittees and civil officers as may be necessary for managing the 
general affairs of the United States under their direction; 
to appoint one of their number to preside, provided that no 
person be allowed to serve in the office of president more than 
one year in any term of three years; to ascertain the necessary 
sums of money to be raised for the service of the United States, 
and to appropriate and apply the same for defraying the pub- 
lic expenses; to borrow money or emit bills on the credit of the 



68 THE STORY OF THE CONSTITUTION 

United States, transmitting every half-year to the respective 
States an account of the sums of money so borrowed or emitted; 
to build and equip a navy; to agree upon the number of land 
forces, and to make requisitions from each State for its quota, 
in proportion to the number of white inhabitants in such State, 
which requisition shall be binding; and thereupon the Legisla- 
ture of each State shall appoint the regimental officers, raise 
the men, and clothe, arm, and equip them in a soldier-like 
manner, at the expense of the United States; and the officers 
and men so clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by the United 
States in Congress assembled; but if the United States in 
Congress assembled shall, on consideration of circumstances, 
judge proper that any State should not raise men, or should 
raise a smaller number than its quota, and that any other State 
should raise a greater number of men than the quota thereof, 
such extra number shall be raised, officered, clothed, armed, 
and equipped in the same manner as the quota of such State, 
unless the Legislature of such State shall judge that such extra 
number cannot be safely spared out of the same, in which 
case they shall raise, officer, clothe, arm, and equip as many 
of such extra number as they judge can be safely spared, and 
the officers and men so clothed, armed, and equipped shall 
march to the place appointed, and within the time agreed on 
by the United States in Congress assembled. 

The United States in Congress assembled shall never engage 
in a war, nor grant letters of marque and reprisal in time of 
peace, nor enter into any treaties or alliances, nor coin money, 
nor regulate the value thereof, nor ascertain the sums and 
expenses necessary for the defence and welfare of the United 
States, or any of them, nor emit bills, nor borrow money on the 
credit of the United States, nor appropriate money, nor agree 
upon the number of vessels of war to be built or purchased, or 
the number of land or sea forces to be raised, nor appoint a com- 
mander-in-chief, of the army or navy, unless nine States assent 
to the same, nor shall a question on any other point, except 
for adjourning from day to day, be determined, unless by the 
votes of a majority of the United States in Congress assembled. 



THE STORY OF THE CONSTITUTION 69 

The Congress of the United States shall have power to ad- 
journ to any time within the year, and to any place within the 
United States, so that no period of adjournment be for a longer 
duration than the space of six months, and shall publish the 
journal of their proceedings monthly, except such parts thereof 
relating to treaties, alliances, or military operations as in their 
judgment requires secrecy; and the yeas and nays of the dele- 
gates of each State, on any question, shall be entered on the 
journal when it is desired by any delegate; and the delegates 
of a State, or any of them, at his or their request, shall be fur- 
nished with a transcript of the said journal except such parts 
as are above excepted, to lay before the Legislatures of the 
several States. 

Art. X. — The Committee of the States, or any nine of 
them, shall be authorized to execute, in the recess of Congress, 
such of the powers of Congress as the United States in Congress 
assembled, by the consent of nine States, shall, from time to 
time, think expedient to vest them with; provided that no 
power be delegated to the said Committee, for the exercise 
of which, by the Articles of Confederation, the voice of nine 
States in the Congress of the United States assembled is 
requisite. 

Art. XI. — Canada, acceding to this Confederation, and 
joining in the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this Union; but no 
other colony shall be admitted into the same, unless such ad- 
mission be agreed to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, 
and debts contracted by or under the authority of Congress, 
before the assembling of the United States, in pursuance of the 
present Confederation, shall be deemed and considered as a 
charge against the United States, for payment and satisfaction 
whereof the said United States and the public faith are hereby 
solemnly pledged. 



7© THE STORY OF THE CONSTITUTION 

Art. XIII. — Every State shall abide by the determinations 
of the United States in Congress assembled, on all questions 
which by this Confederation are submitted to them. And the 
articles of this Confederation shall be inviolably observed by 
every State, and the Union shall be perpetual; nor shall any 
alteration at any time hereafter be made in any of them, un- 
less such alteration be agreed to in a Congress of the United 
States, and be afterwards confirmed by the Legislatures of 
every State. 

And Whereas, it hath pleased the great Governor of the 
world to incline the hearts of the Legislatures we respectively 
represent in Congress to approve of, and to authorize us to 
ratify, the said Articles of Confederation and perpetual Union, 
know ye, that we, the undersigned delegates, by virtue of the 
power and authority to us given for that purpose, do, by these 
presents, in the name and in behalf of our respective constitu- 
ents, fully and entirely ratify and confirm each and every of the 
said Articles of Confederation and perpetual Union, and all 
and singular the matters and things therein contained. And 
we do further solemnly plight and engage the faith of our 
respective constituents, that they shall abide by the determina- 
tions of the United States in Congress assembled, on all ques- 
tions which by the said Confederation are submitted to them; 
and that the articles thereof shall be inviolably observed by the 
States we respectively represent, and that the Union shall be 
perpetual. 

In witness whereof we have hereunto set our hands in Con- 
gress. Done at Philadelphia, in the State of Pennsylvania, 
the ninth day of July, in the year of our Lord one thousand 
seven hundred and seventy-eight, and in the third year of 
the independence of America. 



THE STORY OF THE CONSTITUTION 7 1 

On the part and behalf of the State of New Hampshire 

Josiah Bartlett, John Wentworth, Jr. 

August 8, 1778. 

On the part and behalf of the State of Massachusetts Bay 

John Hancock, Francis Dana, 

Samuel Adams, James Lowell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the State of Rhode Island, and 
Providence Plantations 

William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the State of Connecticut 

Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the State of New York 

James Duane, William Duer, 

Francis Lewis, Gouverneur Morris. 

On the part and in behalf of the State of New Jersey, 
Nov. 26, 1778 

John Witherspoon, Nathaniel Scudder. 

On the part and behalf of the State of Pennsylvania 

Robert Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed, 

Jonathan Bayard Smith, July 22, 1778. 

On the pert and behalf of the State of Delaware 

Thomas M'Kean, John Dickinson, 

Feb. 12, 1779. May 5, 1779. 

Nicholas Vandyke. 



72 THE STORY OF THE CONSTITUTION 

On the part and behalf of the State of Maryland 

John Hanson, Daniel Carroll, 

March i, 1781. March 1, 1781. 

On the part and behalf of the State of Virginia 

Richard Henry Lee, John Harvie 

John Banister, Francis Lightfoot Lee. 

Thomas Adams 

On the part and behalf of the State of North Carolina. 

John Penn, Cornelius Hartnett. 

July 21, 1778. John Williams. 

On the part and behalf of the State of South Carolina 

Henry Laurens, Richard Hutson, 

William Henry Drayton, Thomas Hayward, Jr. 
John Mathews, 

On the part and behalf of the State of Georgia 

John Walton, Edward Telfair, 

July 24, 1778. Edward Langworthy. 



THE WEAKNESS OF THE ARTICLES 

Now these Articles were very unsatisfactory in 
many particulars. The framers of the document 
realized this at the time, but it was the best that they 
could do, because of the fear of a central government 
and of the jealousy and suspicion that existed be- 
tween the colonies, each fearful lest the other in 
some way get too much power. The colonists had 
for a long time been most distrustful and suspicious 
of each other, although during the recent wrangles 
over the Stamp Act and other Acts of Parliament, 
they had stood shoulder to shoulder in a common 
grievance. They would stand together in the war 
that they were sure must follow; and still, when it 
came to forming a central government made up of 
representatives from each colony, the jealousy was 
intense lest one colony secure some power which 
would be of disadvantage to another. 

Under these conditions, then, we can readily 
understand that it was no easy thing for these dele- 
gates to draw up a document which would satisfy 
all of the colonies. No sooner would one delegate 
offer a resolution, than another would oppose it, 
fearful lest his own constituency at home blame 
him for it on the ground that in some way he had 
not protected the interests of his home colony. Be- 
cause of these controversies, much time was neces- 

73 



74 THE STORY OF THE CONSTITUTION 

sarily consumed in trying to cull out and prune and 
smooth away difficulties; but at last the document 
was completed and presented to the people. 

The very opening paragraphs of the Articles 
show the weakness of their power to execute; for 
although it says that the states shall enter into a 
firm league of friendship with each other for common 
defense, securities of liberty, and mutual welfare, 
binding themselves to assist each other against all 
force offered to or attacks made upon them, on any 
pretence whatever, no authority is given the govern- 
ment-to-be to carry out this " agreement" in case 
any state is negligent. 

These words were written in good faith, we know ; 
but when the day of real trial came, the Continental 
Congress found to its sorrow how like sounding brass 
and tinkling cymbals these phrases were. For they 
were preceded by a paragraph which read: "Each 
state retains its sovereignty, freedom, and independ- 
ence, and every power, jurisdiction and right which 
is not expressly delegated to the United States in 
Congress assembled"; and it was under cover of 
this paragraph that the States, when a day of trial 
came, failed in mutual duties and brought about the 
conditions that bordered upon chaos and anarchy. 

In money matters, for example, Congress soon 
found itself helpless. The Articles of Confedera- 
tion state that the expenses of Government shall be 
paid out of a common fund supplied by the States, 
each according to the value of its lands. The States, 
however, some of them, refused to pay the tax when 
it was levied upon them, and Congress found that it 



THE STORY OF THE CONSTITUTION 75 

had no power to force the States into obedience to 
the laws which they themselves had accepted and 
ratified. Moreover, other States, learning that some 
were shirking their responsibility, made it an excuse 
for refusing to send to Congress their own part in 
defraying the expenses of Confederated government. 
Like quarrelsome children, they said, " These States 
haven't paid; why, then, should we?" 

Again, the Articles of Confederation had killed 
themselves as an organ of power by stating that the 
vote of nine States should be necessary to make any 
decision on any important matter. Think, then, 
how five small jealous States might, if they wished, 
balk the wishes and needs of Congress even though 
eight States might be ready for co-operation. This 
unequal representation of power had come out of the 
Committee's wish to allay the suspicions of the 
smaller States and to remove their fear of the larger 
States. 

Truly, the Articles of Confederation were, as the 
wiser statesmen of the day said, mere ropes of sand; 
and great was the suffering that followed as the re- 
sult of this condition. The Continental Congress 
had elected a President, to be sure; but he had no 
power to execute. Indeed, he was little more than 
a Speaker, a Moderator. He presided over the 
meetings of Congress, but that was all. 

There was also a committee of States which was 
authorized to execute the laws, but even these could 
do nothing until nine States had approved whatever 
the committee placed before them for considera- 
tion. 



76 THE STORY OF THE CONSTITUTION 

Why, we may ask, were amendments not made 
when the weakness of the Articles of Confederation 
became manifest? But there again Congress was 
helpless; for in the Articles is a clause which says 
that no amendments shall be made without the con- 
sent of all thirteen states. Another impossibility in 
these days of distrust and jealousy. 

And so it was from day to day, the Continental 
Congress found itself powerless to act, just in pro- 
portion as the States were unwilling to co-operate 
for the common good of the Confederation. These 
few illustrations will serve, however, to prove to us 
what the states learned, as time went on, that the 
Articles of Confederation were a weak compromise ; 
as any form of government must be which does not 
provide for the independent action of a centralized 
government. The old saying, "that which is every- 
body's business is nobody's business, " perhaps ap- 
plies to such a form of government as the Articles of 
Confederation proved themselves to be ; for with each 
State having independent power to legislate regard- 
less of the common good, there could be no con- 
certed action, no harmony, however great the need. 

"Continental Congress," said Washington, "can 
advise, but it can not demand execution of those 
things which it advises. It can pass laws, but it 
cannot enforce these laws nor punish offenders 
against them. It can declare war, but it cannot de- 
mand money to carry on the war." The truth of 
this, Washington's poor, starving, freezing army 
learned to their sorrow during that terrible winter at 
Valley Forge; for it was because of the failure of 



THE STORY OF THE CONSTITUTION 77 

the States to send their tax to Congress that the sol- 
diers were in so pitiable a condition. 

At one time, Madison, infuriated that there should 
be such suffering because of the negligence of the 
States to fulfil their duty towards their common 
cause, offered an amendment which provided that 
the United States in Congress assembled be given 
full authority to compel the delinquent States to per- 
form their duties of the Federal Government. This 
amendment did not pass, although every man in 
Congress knew full well the need there was for such 
amendment; for the members felt that it would 
be impossible to gain consent of the thirteen States; 
and then, too, public sentiment even in the most 
loyal States, had not yet risen to a realization of the 
wisdom of granting so great power to a central 
government. Had the amendment been accepted 
at that time by the members of the Continental Con- 
gress, the probability is that the whole country 
would have risen in rebellion among themselves; 
and with the Revolution at its height, as it now was, 
there was no need for further disorganization from 
civil strife. 



AFTER THE PARTING OF THE WAYS 

In 1 781, the American Revolution ended and there 
were now, not England and her Colonies, but two 
distinct nations — the English and the American. 
The long, long road down which, hitherto, these 
English Common people had traveled, forked now; 
and henceforth each group, the one on the east of the 
Atlantic, the other on the west, stood at the parting 
of the ways. No longer would their history be the 
history of one people; no longer their struggles for 
liberty the struggles of one people; henceforth each 
would struggle and develop and grow along its own 
lines, unhampered, unhindered, and unassisted by 
the other. It was a period of readjustment for both, 
England to a system of home taxation, the colonies 
to a government without protection from England. 

When at last King George III died, he was suc- 
ceeded by George IV, ° another Hanoverian — a 
wild, dissolute youth, who made his reign a period 
of misery for the English people. Taxes in England 
were enormous, the debt was almost insurmountable, 
food was selling at almost famine prices, and people 
were starving by hundreds. At last the English 
people, worn out with tyrannical Stuarts and stupid 
Hanoverians, rose in rebellion and said, "How long 
are we to bear with this new king ? How long suffer 
under his stupidity — his disregard for his country?" 

79 



80 THE STORY OF THE CONSTITUTION 

Public meetings were held; and the city of Bir- 
mingham, England, where there were great manu- 
factories and a large number of suffering workmen, 
called its citizens together and elected a man whom 
they voted should sit in the House of Commons to 
represent the industries of the country. Manchester, 
another manufacturing city, inspired by Birming- 
ham's example, also arose. Through a mistake, how- 
ever, the king's troops fired upon the citizens and 
such panic followed that the matter was dropped. 

This Manchester Massacre? as it was called, drove 
the workingmen of England on to greater fury; 
and in London a conspiracy was formed to murder 
the Prime Minister and all the Cabinet. The con- 
conspiracy was discovered, however, and the con- 
spirators were hanged. This over-awed the people; 
and for a time there was comparative peace. Dur- 
ing all this period there was an exchange of letters 
and newspapers between England and America, and 
the Common people of both countries were in close 
sympathy with each others' struggles. 

Towards the end of the reign of George IV, the 
Duke of Wellington became Prime Minister of Eng- 
land; and while he had no sympathy with the up- 
rising of the common people, he had sense enough to 
know that the time had come when certain reforms 
must be granted or anarchy would rule the land. 
This demand by the common peole for recognition 
of liberty had been hastened very materially by the 
influence which the public newspapers now wielded, 
free, as we recall, since the reign of George III; for 
now the sessions of Parliament were open to the press 



THE STORY OF THE CONSTITUTION 8 1 

reporters and every act of its members could be laid 
bare to the people. Moreover, as in the strikes of 
which we have read, the story of them was printed 
and spread broadcast over the country as is done in 
our own day. Consequently, the people in distant 
localities now knew what each other was doing, 
and were no longer kept in ignorance of great 
national transactions. 

"This accursed free press," as George IV called 
it, kept steadily at work during his reign, educating 
the people and teaching them to think. Because of 
this, and the consequent agitation that was brought 
about among the people who could now, through 
their daily paper, know in a few hours what had hap- 
pened in Parliament or in remote parts of the king- 
dom, it came about that George IV and his ad- 
visors were forced, in the latter part of his reign, to 
grant many reforms; indeed, as we read English 
history from this time on, we read more often of 
laws repealed than of any new laws made. 

The Corporation Act Repealed was the heading 
in the London newspapers one morning, for ex- 
ample; the English people knew that henceforth 
any man might preach what he believed whether he 
believed the tenets of the English Church, or of 
the Catholic Church, ° or of the Nonconformists' ° 
Church, as the dissenters ° were now called. 

The Test Act° too was repealed; and henceforth 
any man fitted by ability for any government office 
was eligible to election, though not a member of the 
Established Church. These were long strides towards 
human liberty; for the country contained now thou- 



82 THE STORY OF THE CONSTITUTION 

ands of good, useful, peace-abiding citizens who, 
nevertheless, were not followers of the Established 
Church. 

The Catholic Emancipation Act° followed close 
upon the repeal of the Test and the Corporation 
Acts; and by this Catholics, too, were as eligible to 
government office and other privileges as were the 
" Nonconformists." 

Against the enactment of this last bill, George IV 
and the Duke of Wellington fought long and hard; 
but when they found that opposition was useless, 
they withdrew their argument and the Bill went 
through. At the same time, however, Parliament 
passed a most unfair law excluding the Irish from 
this freedom on the ground that they were too igno- 
rant to take part in public affairs. 

Incensed by this insult to his people, Daniel 
O'Connell, an Irish gentleman of old and noble 
family, fought for a seat in Parliament that he 
might, he hoped, bring about a repeal of this act, 
and also bring about a union of England and 
Ireland and the restoration of the Irish Parliament. 

Some time later, George IV died. Naturally, 
England did not mourn his loss deeply; for during 
his reign he had squandered enormous sums of 
money, and always arrayed himself against the 
progress of human liberty. 

Even for the generous repeals that were made dur- 
ing his reign we can give little credit to George IV 
or to his cabinet; for the reforms were forced upon 
the government by the clamor of the common people, 
who had now arrived at a stage where they were 



THE STORY OF THE CONSTITUTION 83 

strong enough to make their wants known and de- 
mand of Parliament its respectful attention. 

"Much of this," said the English people, "has 
come on account of the American Revolution;" and 
many a time George Washington's health was drunk 
at meetings of the English people. 

Topics for Class Research 

George IV. 

The Manchester Massacre. 

The Free Press. 

The Story of the Corporation Act — passage and repeal. 

The Test Act — passage and repeal. 

The Catholic Emancipation Act — passage and repeal. 

Daniel O'Connell. 



THE DANGER PERIOD 

It was one thing for the American colonies to have 
declared their independence; it was another and a 
greater thing to have fought it out with all Europe 
watching their struggle, battle by battle, upon the 
open field; but a greater question still was now to 
be fought out among the American people them- 
selves. 

During the period of the Revolution, the colonists 
were as a whole united in their sympathies through 
their common cause. This union of sympathies 
was not, we are forced to admit, quite perfect even 
during the struggle; for Continental Congress had 
many a sorry time trying to raise money from the 
colonies with which to pay the officers and soldiers 
which these very colonies had sent to war. Often the 
plans of Washington were seriously hampered; and 
had the soldiers not been patriotic in very truth, they 
would many a time have given up the struggle and 
would have deserted the cause. 

" But now the Revolution was ended. The minute- 
men were at home, such as had not fallen on the battle- 
field; the bonfires and processions were over; the 
fetes and feasts were ended; and the States, as we 
must now call them, were settling down to everyday 
work and life. The women were spinning, and the 
men were again in the fields. The smell of powder 

85 



86 THE STORY OF THE CONSTITUTE* 

had faded away out of the air, and the peaceful sound 
of the reaper was heard where so recently the cannon 
had boomed." 

So good was it to be home again and at peace, that 
for a time no interest in the future of the country 
was expressed. 

"Let us alone," said some, when the wiser men 
urged the need to establish a strong government under 
which the new States should live and be protected. 
"Let us alone; some time we may need a strong 
Central Government, but not yet. Our State Gov- 
ernment serves us well enough. Let us abide by 
it." There were some States indeed that were de- 
termined to preserve the State Government, i.e., 
the Articles of Confederation permanently. "Why," 
they said, "may each State not build for itself a 
strong State government and remain free from the 
possible tyranny of a Central Government?" ° 

"Because no one State will ever be strong enough 
to hold out against foreign invasion or against civil 
strife," was Franklin's wise reply. 

"There will be continual war between the States," 
said Washington, "because of the closeness of loca- 
tion and the wide range of industrial interests. Many 
States have no natural boundaries, and more than 
two States often depend upon the same water supply 
for their manufactures." 

"There is another danger still," said James Madi- 
son of Virginia. "So great is the difference in lati- 
tude and consequently so great is the difference in 
soil, climate and productions, that not many years 
would elapse before confederacies between States of 



THE STORY OF THE CONSTITUTION 87 

like interest would be formed, and these confederacies 
would array themselves against each other as indus- 
trial and commercial interests grow in importance." 

All these arguments the States to some extent ap- 
preciated and acknowledged the truth of; still the 
dread of any Central Government which might les 
sen State freedom remained a great bugbear. 

It was quite a step from the State's own Assem- 
blies even to a Continental Congress ; it was a greater 
step still to the weak Articles of Confederation; but 
the third step towards a strong Constitution the States 
were not yet ready to take. 

And so the months went on, and pleasantly for a 
time; then dissensions began to rise and troubles be- 
gan to brew. Washington, who had retired to 
private life in his beautiful home on the Potomac, 
hoping to finish out his life in peace and quiet, heard 
rumors of the unrest which was spreading over his 
country and realized that much suffering might yet 
come to the people. When Washington gave up 
his command of the army, he sent to the governors 
of the States a letter, in which he urged them to 
look into the future and realize that there must be an 
indissoluble union of States under a single federal 
Government, one that could enforce its decrees; 
for without authority, a government is but a govern- 
ment in name. Secondly, he had urged that the 
debts incurred be paid farthing for farthing if the 
United States would command the respect of foreign 
nations. Thirdly, that a uniform militia system 
should be organized throughout the States. Fourthly 
that the people must sacrifice their local prejudices 



88 THE STORY OF THE CONSTITUTION 

and jealousies and regard one another as fellow citi- 
zens of a common country, with interests, in the truest 
and deepest sense, identical. 

Not much attention was paid to these wise words 
at first; but now when dissensions began to arise 
and the States found themselves powerless to quiet 
them, people began to recall what Washington had 
said. Already each State had set up tariff and ton- 
nage acts ° for itself, with no regard whatever to the 
tariff and tonnage acts of any other State. Conse- 
quently, commercial civic war was already redden- 
ing the sky. When three of the New England States 
closed their ports against British ships, Connecticut 
threw her doors wide open. New York passed acts 
declaring that no New England ship should enter 
New York Harbor without paying an entrance fee. 
Connecticut farmers could not even cart their fire- 
wood across the border land into New York State. 
New Jersey could not bring its farm produce across 
the bay without paying entrance fees. Furious, the 
business men of New Jersey and New England held 
a meeting and declared that they would send not one 
article into the State of New York for a twelvemonth. 
Then Connecticut fell to quarrelling over a certain 
boundary line. The dispute was finally settled in 
favor of Connecticut; but when not long after this 
dispute was settled, a terible flood devastated the 
region of west Connecticut and the people were 
driven homeless down the valley, there were those 
who said, bitterly, that it was " Divine punishment 
for them and that they deserved it." 

Next came trouble between Vermont and New 



THE STORY OF THE CONSTITUTION 89 

Hampshire. There were families living on the border 
line who wished to escape New Hampshire taxes. 
At first Vermont was inclined to contend for the 
border line, but afterwards she decided not to meddle, 
and the families began to prepare to make a third 
State for themselves. Massachusetts then looked up 
her old charters and found a clause which she de- 
clared gave her a right to the southern part of Ver- 
mont. Meantime New York was talking of send- 
ing troops into Vermont on the west and New Hamp- 
shire was about to do the same on the east. It was 
Washington who came to the rescue just here and 
induced the governors of the three territories to come 
to an agreement without recourse to arms. Never- 
theless for a long time the hatred of the people of one 
State for those of the others smouldered. Every 
now and then a barn or a farmhouse was mysteriously 
set on fire, or some traveller was mysteriously mur- 
dered in the forests. 

Meantime matters were going from bad to worse. 
Each State had begun coining money of its own, 
but these moneys had no standard value. No State 
need recognize another's money if it wished not to 
do so, and so no State could estimate the price or 
value of anything in another State. This rag money, 
as it was called, brought about no end of misery. 
A man, for example, could not pay off the mortgage 
on his house because the owner of the house would 
not accept rag money; or, if he would, he made the 
man pay many times more than the specified value 
of the mortgage. Therefore people lost their hard- 
earned homes, they failed in business, and they were 



90 THE STORY OF THE CONSTITUTION 

imprisoned for debts which they could not pay. 
In Massachusets, matters came to a terrible pass; 
until at last one day a great mob of poor debtors in 
western Massachusetts banded together under Daniel 
Shays ° and marched to the Court at Worcester and 
forced it to leave its chamber. The Court fled to 
Springfield and the mob followed it. Again it was 
made to close its session, and a little later the mob 
made an attack on a federal arsenal. Indeed, there 
was grave danger that the State Government itself 
would be overthrown. It was useless to call upon 
Congress for help (as we should now under our Con- 
stitution), for Congress had no power. It was use- 
less to call upon other States to help, for each of the 
other States had similar troubles of its own. 

Disastrous as such proceedings were, they helped 
more than argument could have done to make the 
people understand through personal suffering ° that a 
Central Government was indeed a necessity. 

At another time, to show how little regard the 
several States had for Congress, the citizens of Phila- 
delphia allowed a mob of drunken soldiers to drive 
Congress out of town without raising a hand to pro- 
tect them. Indeed, so great and so widespread be- 
came the disorder, that at one time the soldiers them- 
selves who had fought against the English monarchial 
form of government, begged Washington to declare 
himself king and so set up a monarchial govern- 
ment of its own ; and at another time there was fear 
that certain communities would cross the Alleghanies, 
import Europeans and set up a feudal system of 
government in the unclaimed lands of the west. 



THE STORY OF THE CONSTITUTION 9 1 

" Just as we said it would be," said the European 
nations when they heard of these troubles among the 
colonies. 

"They will soon beg us to take them again under 
our protection," said English Parliament. 

"Are we asked to loan money to one nation or to 
thirteen?" the European money lenders would scorn- 
fully say when our Consuls asked them for aid. 
"And since your government has not paid the debts 
of war, how can we expect it to pay later debts ?" 

Jefferson, who went to Paris in the interests of 
Continental Congress, was told over and over again 
that no European nation would enter into any con- 
tract with the States; for all Europe felt that there 
was no certainty that the States would keep their 
part of the agreement. 

At about this time, the half -civilized Moors of the 
Northern Coast of Africa began to attack our vessels. 
Nor could we raise a hand to protect ourselves. 

"Pay us a million dollars," said the Moors and we 
will attack your vessels no more. But Continental 
Congress could no more raise a million dollars than 
it could raise a fleet of vessels. The United States 
of America had now fallen to the lowest financial 
depths to which any nation can fall; jor it was un- 
able to protect its own citizens. 

"If we remain in this condition of imbecility," 
said one member of Continental Congress, "we shall 
indeed be classed with the most contemptible nations 
on the face of the globe." 

"All this need not be," said Washington. "With a 
proper Federal Government we ought to be one of 



92 THE STORY OF THE CONSTITUTION 

the most happy, the most wealthy, respectable and 
powerful governments on the face of the globe." But 
with no money and with trade carried on, as it then 
was, through barter, there seemed little probability 
of the United States ever being either respectable 
or wealthy or powerful. 

Even the American newspapers, at least one of 
them, announced that it would receive its subscrip- 
tion money in salt pork; and Robert Morris, whose 
own personal money had saved the army during the 
Revolutionary War, and whose whole fortune had 
been given without stint to his country, was by that 
country allowed at this time to die — in a debtor's 
prison ! 

In the South, in order to make the people of a 
State promise to use their own State's money, the 
Legislature tried to force punishments upon the 
people who dared refuse. In Charlestown, a Hint 
Club ° was formed, whose mission was to "hint" to 
those who refused to use paper money that it would 
be better for them to look out for their lives. 

In some places, the farmers formed into unions 
and vowed that they would not take their produce 
to the markets of any merchant who would not keep 
up the value of paper money, dollar for dollar. Con- 
sequently there were famines in certain districts and 
the farmers were threatened with mob violence. 

But now came another matter which began to 
make for an agreement to a Central Government 
among the thirteen original States. People were be- 
ginning to know something of the territory beyond 
the Alleghenies; and New York and Virginia es- 



THE STORY OF THE CONSTITUTION 93 

pecially claimed the territory west of themselves as 
far as the land should extend. 

"Thus," said they, "we shall make our States the 
most powerful of all." 

At this, the States which were so situated that they 
could not extend their claims westward without com- 
ing up against a border line of some other State, 
began to be concerned. (See Map.) 

"What will be our fate?" States like Delaware, 
Rhode Island, and Maryland began to ask. New 
York and Virginia and the other States bordering 
directly upon the unknown territory should not be 
allowed to extend their claims. If anything is done 
with this western territory, it should be divided into 
new States. 

"But such a division would require a Central 
Government to watch over them," said the far-seeing 
statesmen. 

This no State could fail to realize was true. And 
so the States who feared a Central Government, but 
who also feared extension of power to the few States 
that could reach westward, found themselves between 
two fires. Which, they wondered, would prove the 
least evil ? And this, indeed, was a serious question ; 
for it was readily seen that a crisis had come when 
something must be done to rescue the country from 
anarchy and ruin. Even the most stubborn States 
recognized this. Something must be done, they are 
willing at last to admit ; but what should that some- 
thing be ? 

"There is but one thing to be done," said the wisest 
statesmen; "there must be a strong Central Govern- 



94 THE STORY OF THE CONSTITUTION 

ment which shall make general laws for the general 
good and which shall force every State to comply 
with them." 

"We grant," said all the States, "that something 
must be done. We have proved that through these 
five years of distress and misery. Something must 
be done. Either we must strengthen the Articles 
of Confederation or we must make a new Constitu- 
tion. 

Yes, something must be done; but how loth the 
States were to call a convention! How loth lest 
when one step had been taken, some form of govern- 
ment would be sprung upon them, depriving them of 
their still precious State rights. 

"The history of the United States at this time," 
says Thomas Francis Moran in his history of North 
America, "was most distressing and humiliating." 
The years from 1783 to 1789 have well been called 
the "critical period of the United States." 



THE STORY OF THE CONSTITUTION 95 

Topics for Class Research 

Appreciate the full significance of Central Government, 
versus State Government. Fix this well in mind since 
so much of the later history of United States hinges 
upon this same distrust of Gentral Government. 

Washington's Letter to the Governors. 

Tariff and tonnage — the meaning. 

Read Fiske's "Critical Period" in connection with the 
petty quarreling of this time. 

Shays' Rebellion. 

The lesson of personal suffering through "jingoism." 
Think out other cases in the history of our own times. 
Who does the suffering? What lesson has this for 
every member of a Republic ? 

The Feudal System — its source. The early struggle 
of the English common people against feudalism illus- 
trates its uses and abuses, and should be read in order 
to give the pupil an appreciation of what this threat 
meant to the new States. 

The story of Jefferson, abroad at this time, as Consul, 
illuminates the opinion that European nations had of 
the States at this time. 

Barter and an established money system. 



MAKING A NEW CONSTITUTION 

Virginia was the first State to take definite steps 
toward calling a Convention to revise the loose Arti- 
cles of Confederation or to make a new Constitution. 
"Let us commission James Madison to draw up a 
set of resolutions and let us send them from our 
Legislature to the Legislature of each of the other 
thirteen states," said the Virginia Assembly. "AH 
States should join and send delegates to a convention 
where the matter of our future form of government 
may be discussed and some new form drawn up." 

Accordingly, Madison drafted a set of resolutions, 
doing it in his own strong but courteous way. In the 
preamble to his resolutions, he says: "Whereas, the 
General Assembly of Virginia can no longer doubt 
that the crisis has arrived at which the people are to 
prove the solemn question of whether we shall by 
wise, magnanimous effort, reap the just reward of 
that independence which we have so gloriously 
achieved and which the union has cemented with 
so much of common blood, or whether by giving way 
to unmanly jealousies and prejudices and to party 
interests, we shall renounce the blessings prepared 
for us by the Revolution and furnish to its enemies 
an eventual triumph over those by whose virtue and 
valor independence has been accomplished." 

These resolutions had a good effect upon the other 

97 



98 THE STORY OF THE CONSTITUTION 

States, for New Jersey soon followed Virginia, 
drawing up similar resolutions in its State Legisla- 
ture. Even the Governor of Massachusetts, who 
hated the thought of Central Government, said, "My 
sentiments in regard to a Central Government have 
by no means changed. Still I think we should con- 
sider the matter carefully. Events are surely hurry- 
ing us on to a crisis; and prudent men should take 
steps to form a more perfect government." 

During these five years of quarreling among them- 
selves, Europe had looked on with interest and possi- 
bly with amusement. Of late, England had been 
saying, "The son of George III will be called to take 
the throne of the United States." 

At the same time, France was saying, "The United 
States will call upon France for a king, since France 
and America are friendly." 

The States, however, quarreling though they were, 
had no idea of turning either to England or to France 
for a king. They were working out their own salva- 
tion, and in time they worked it out most nobly, as 
we shall see. 

One by one, the State Legislatures followed the 
example of Virginia; and in due time a convention 
was called, made up of delegates from all the States, 
except Rhode Island. These met at Philadelphia 
and there they set to work either to revise the Articles 
of Confederation or to make a new Constitution. 

It took only eight days to make the previous Arti- 
cles of Confederation ; but the task now before these 
delegates was more serious, and it was not to be 
performed hastily. Indeed, the delegates worked 



THE STORY OF THE CONSTITUTION 99 

for four long months upon the new document; for 
they realized that upon their judgment hung the 
fate of a country. 

From the beginning the debates in the Convention 
were hot and fierce. Not only were the delegates 
anxious to give the very best form of government to 
the people, but they were constantly harassed by 
what their States might say when the document 
should be given into their hands. Every delegate 
was zealous and jealous for his own State and sus- 
picious of every other. Because many did not even 
yet believe in a strong Central Government, every 
clause had to be fought out tooth and nail. 

"Would we not better revise the Articles of Con- 
federation," said some, "lest our people censure us?" 

"If to please the people we offer something in 
which we do not ourselves believe," said Washington, 
"how are we to defend ourselves when the time comes 
to place our work before the people ? Let us raise 

A STANDARD TO WHICH THE WISE AND THE HONEST 
MAY REPAIR. THE RESULT IS IN GOD'S HANDS." 

In the end, the opinion of Washington prevailed, 
and the Convention went to work to make an entirely 
new document, which they called a Constitution 
of the United States. 

Randolph of Virginia opened this convention by 
proposing that a strong Central Government be 
formed and that it be divided into three departments :° 
a Legislative, which should make laws, an Executive, 
which should carry out the laws, and a Judicial, 
which should settle all matters of legal dispute. 

To this the Convention finally agreed; and the 



IOO THE STORY OF THE CONSTITUTION 

next question was, Who shall elect officers to these 
departments ? 

"The people should elect them," said some of the 
delegates. 

"The people can never be trusted to elect import- 
ant officers," said other delegates. 

"Let us not have an excess of democracy," said 
Gerry ° cynically, one of the delegates from Massa- 
chusetts. 

This question, after days of debate, was settled, 
however, largely in favor of the people, as we shall 
see when we come to study the Constitution itself. 

It having been settled that the people should send 
their representatives to this National Congress for 
which the new Constitution was providing, the next 
question, was, "How many representatives shall each 
State send? 

And now the debate ran high. The small States 
were afraid of the larger States, and the large States 
were inclined to domineer over the small States. 

"A large State should have more representation," 
said they. 

"We might as well be out of the Union if that is 
to be," said the small States. 

"That is true," said the fair-minded statesmen; 
and still there seems no way to apportion represen- 
tatives except according to population, one repre- 
sentative to a certain number of people. 

Days were taken up debating this question, and 
one day a delegate from New Jersey rose to his feet 
and said that too much power was already given into 
the hands of the large States. "I move," said he, 



THE STORY OF THE CONSTITUTION IOI 

"that we begin all over again, and that instead of 
making a new Constitution we be content to revise 
the Articles of Confederation. Indeed, that is what 
we were sent to do, not to frame a new Constitution." 

The New Jersey delegate's plan was not accepted, 
and the debate went on. One delegate from Dela- 
ware became especially virulent. " Pretenses to sup- 
port ambition," said he, "are not wanting in this 
convention. It is insisted that although the power 
of Central Government is to be increased, yet it will 
be for the good of the whole. We are told that al- 
though three large states form a majority of all the 
people in the thirteen, yet these three States will 
never do any harm to the rest of the States. Gentle- 
men, I do not believe you. If three States possess 
so great power, the abuse of that power could not be 
checked by any clause in the Constitution. Rather 
than be ruined by these States, there are foreign 
powers that wall take us by the hand." 

The situation was indeed becoming dangerous. 
There must be a union of all the States, or none at 
all. And here was a delegate threatening to with- 
draw from the convention rather than to accept 
the existing conditions. The convention was on 
the verge of dissolution. What could be done? 
It was at this point that Franklin turned the senti- 
ment of the convention and saved the day by offer- 
ing a compromise. 

"When a carpenter wishes to make a table," said 
he, "and the boards are too broad, he cuts a little 
off both boards and so makes a perfect joint." 

Franklin's kindly words had their effect upon the 



102 THE STORY OF THE CONSITUTION 

convention, and it was moved that a committee be 
appointed to draft a compromise. 

At the end of a long debate among themselves the 
committee reported that each State should have 
representatives in Congress, according to their popu- 
lation; but that in order that there should be some 
provision for equality of influence in both large and 
small States, each State, regardless of size, should 
have two senators. This, then, is how it happens 
that we have a Senate and a House of Representatives ; 
that there are two senators for each State in the Senate; 
but that the representatives are in proportion to the 
population. 

This compromise, when finally settled, proved to 
be a very good thing for the convention. A few 
hot-headed delegates went home declaring that they 
would have nothing to do with such high-handed 
proceedings. The small States as a whole were 
pleased with the arrangements for equal number of 
Senators, and all again went to work with a will to 
finish up the work of the convention. 

Topics for Class Research 

James Madison. 

Why were France and America friendly? 

Why had France lent troops to the colonists? 

Why had Rhode Island no delegate at this Convention ? 

Washington's safe words. 

Randolph. 

The force of the Three Departments. 

Gerry — his story in Massachusetts politics. 

Appreciate the importance of this Compromise — look 
ahead in the history of the country and see what sor- 
row came because of it. 



WHAT THE CONSTITUTION TELLS US* 

I The Legislative Department 

As we read the Constitution, we come first upon 
The Preamble, as it is called. The Preamble states 
the objects ° for which the Constitution was made. 
These objects were as follows : 

a "To form a more perfect union. 

b "To insure domestic tranquillity." 

c "To establish justice." 

d "To provide for the common defense." 

e "To promote the general welfare." 

/ "To secure the blessings of liberty to our 
selves and to our posterity." 

As we read these six points, knowing what we do 
of the things that had happened and were happen- 
ing in the country, we appreciate the meaning and the 
force of the statements which make up the Preamble. 
Can you not name some one event or group of events 
which might have been in the minds of the framers 
of the Constitution when they drew up this Preamble ? 
Certainly there had been "suffering ,, enough during 
the recent war because of lack of "perfect union." 
Certainly there had been anything but "domestic 

♦The pupils should compare this text with a copy of the Constitution. 
(See page 141.) 

103 



104 THE STORY OF THE CONSTITUTION 

tranquillity" in the years following the war; and 
where there is not perfect union and domestic tran- 
quillity there can be little hope of " justice." We 
know, too, how great was the need for some agree- 
ment as to a "common defence," since all Europe 
was w r atching the new "States" and were more than 
willing to fall upon them disunited at the least 
provocation. 

Following the Preamble comes that part of the 
Constitution called the Law Making Department. 

This is one of the three departments into which 
Randolph of Virginia suggested that the new govern- 
ment be divided. 

This Law Making or Legislative Department states 
who shall make the laws for the country, how they 
shall be made, and how much power shall be per- 
mitted to any one officer of the land. Each depart- 
ment of the Constitution is divided into paragraphs 
— sections, they are called. In the first section of 
the Law Making Department, we read : 

i "All law making power shall be placed in 
the hands of a Congress. This Congress 
shall be made up of two parts — a Senate 
and a House of Representatives. The 
House of Representatives shall be chosen 
every second year by the people of the 
several States." 

As we read this section, we are reminded at once 
of that fierce debate in the Convention when the 
small States fought so hard for equal representation 



THE STORY OF THE CONSTITUTION 1 05 

in Congress. We recall the long wrangle and the 
Compromise which was put forward by Franklin 
and the agreement which the Compromise Committee 
finally made among themselves. 

The Constitution then goes on to state what shall 
be The Qualifications of Representatives. 

2 "A Representative must be twenty-five years 

old; he must have been a citizen of the 
United States for seven years; and he must 
reside in the State which elects him." 

Next we come upon a statement which means 
much to us, now that we know what went before the 
final acceptance of this Constitution. 

3 " Representatives and direct taxes shall be 

in proportion to the number of free persons 
and three-fifths of all other persons." (" All 
other persons" meaning, of course, the 
southern slaves.) 

Here again we are reminded of the Convention 
controversy, for here is the question of slave vote 
which was fought so bitterly and which so nearly 
brought the Convention to an end. 

Following this comes a clause saying : 

4 "If a vacancy occur in the House of Repre- 

sentatives, the vacancy shall be filled by 
the Executive of the State (Governor), the 
Representative of which has withdrawn. " 

This clause is self-explanatory; so let us go on to 
the next : 



106 THE STORY OF THE CONSTITUTION 

5 "The House of Representatives shall choose 

its own Speaker." 

We know that whenever any public meeting is 
held, some one has to "take the chair," as we say, 
and conduct the meeting; otherwise there would be 
confusion upon confusion. It is the business of this 
person "in the chair" to see to it that everyone has a 
fair chance to speak and that affairs are carried on 
properly. This person is called the Speaker, and 
whenever anyone rises to address the meeting he 
begins with "Mr. Speaker." And the Speaker 
recognizes the man who wishes to talk by announcing 
his name. 

6 "The House of Representatives shall choose 

its other officers, such as the secretary, who 
keeps the records, the teller, who counts 
votes, and the messengers, who carry mes- 
sages for the members of the House." 

So much for the Representatives. Let us now 
read what the Constitution has to say about Senators : 

7 "The Senate shall be composed of two mem- 

bers from each State." 

Here we find no reference to the population of the 
State; but we understand why, because we recall 
that this was the point of Compromise in the dispute 
as to how the small State and the large States should 
secure equal representation in Congress. 



THE STORY OF THE CONSTITUTION 107 

The Constitution next tells us what shall be the 
Qualifications 0} a Senator. It states that : 

8 "A Senator must be thirty years old, he 

must have been a citizen of the United 
States for nine years, and he must be a 
citizen of the State which elects him." 

Reading on, we find that: 

9 "The Senate may not choose its Speaker, 

but that the Vice-President shall ahvays be 
the Speaker of the Senate. 
All other officers, such as Secretary, teller, etc., 
shall be chosen by the House. 

10 Next comes a provision regarding Impeach- 
ment. England, the home country, had been forced 
more than once to impeach her kings, and once she 
was driven to the execution of a King. The Dele- 
gates to the Convention reasoned that it would be 
possible to get the wrong man into the highest office in 
America, as w r as the case in England ; therefore, there 
must be some provision for removing him, if necessary. 

Therefore we read under the head of Impeachment 
that any Representative or Senator, or President, if he 
fail to do his duty, may be impeached. If w r e have 
read English history, we recall how the English 
forefathers insisted from very early times upon some 
form of fair trial and how King Henry made the first 
step toward a " trial by jury" and how the people 
valued this privilege. These Delegates, then, being 
yet English, and loving the traditions of the Mother 



108 THE STORY OF THE CONSTITUTION 

Country, and knowing well the story of her struggles 
for liberty and fair dealing, wished to incorporate 
into the Constitution of the newly independent 
people all that was wise and good in the govern- 
ment of England. Therefore, they demanded in 
this matter of impeachment, that a Representative 
or a Senator be tried by a jury. The President, 
however, they excepted, agreeing that he be tried by 
the most highly placed officer of the government — 
the Chief Justice of the Supreme Court. It was 
not intended by this that the President should not 
have as fair a trial as the Representative or the 
Senator, but that a certain especial dignity be 
attached to a President's impeachment. 

The Constitution then goes on to say that : 

ii "No fine or imprisonment shall be placed 
upon any impeached officer." 

It was considered disgrace and punishment enough 
to have been impeached and so shut out forever from 
again holding any position, however humble, under 
the Government of the United States. 

And now comes the question of how, when, and 
where Congressmen shall be elected. 
We find that this arrangement is made: 

12 "The State Legislature shall arrange this 
matter, each Legislature for its own State. 
Congress may, however, change the time 
and the manner, but it may never inter- 
fere with the place." 



THE STORY OF THE CONSTITUTION 109 

This precaution was necessary; for there were 
many who remembered how bitterly the Colonists 
had resented having had some of their officials car- 
ried to England for trial. This was not fair; for 
people cannot possibly have real interest in a knowl- 
edge of the affairs of a person at a great distance. 
Therefore the Delegates wished to make sure that 
Congress should never attempt to carry on any mat- 
ters of election in other than the State with whose 
affairs the man elected was concerned. 

13 Congress Assembles how often? Here again 
the delegates had in mind the harm that might come 
from allowing any President to dismiss a Congress 
as King Charles ° had done in those days when he 
was determined to rule England according to his 
own ideas and without the interference of the people's 
representatives. Accordingly, the makers of our 
Constitution made this provision : 

14 " Congress shall assemble once every year, 

and the date for assembling shall be the first 
Monday in December, although Congress 
may change this date if, as time goes on, it 
should seem best." 

It is interesting to note that even in this matter, 
the power to change is not put in the hands of the 
President, but that it must come through the vote of 
Congress. All through the Constitution, we come 
upon clauses like this, showing how fearful the Dele- 
gates were lest power be placed in the hands of any 
one ruler, who might prove a tyrant, than in the 



IIO THE STORY OF THE CONSTITUTION 

hands of the Representatives of the people. Surely, 
these delegates meant to see to it that the new States 
should reap the benefit of the long fight that had 
been carried on in the Mother Country during the 
centuries that had past. 

Following this paragraph come several others, 
briefly stated, most of which are self-explanatory. 

15 "Each house shall judge the elections, re- 

turns, and qualifications of its own mem- 
bers." 

16 "A majority of each house shall constitute 

a quorum, that is, business may be car- 
ried on if a majority of the members are 
present at the session. If there be no 
quorum, those present may adjourn from 
day to day and may compel the absent 
members to be present or pay such penalties 
as each House shall provide." 

17 "Each House shall determine the rules for its 

own proceedings." 

18 "Each House may punish its own disorderly 

members. With a two-thirds vote a House 
may expel a member." 

19 "Each House shall keep a journal of its 

proceedings. This journal shall be pub- 
lished from time to time, although the 
House may hold back such part of it as 
it deems wise." 



THE STORY OF THE CONSTITUTION III 

We are reminded here of the objections which 
Gerry of Massachusetts raised in Convention. He 
argued that this paragraph gave Congress a chance 
to do what it wished behind closed doors and then to 
suppress any report of the doings. Before the days 
of a free press, this might have proved true; but 
with reporters permitted in Congress, and with 
a free pass, to keep the people informed, there is little 
danger of any advantage being taken of this privi- 
lege of suppressing parts of the journal. 

20 " Whenever one-fifth of the members present 

demand it, a yea and nay vote shall be 
taken. The advantage of a yea and nay 
vote in matters of great interest, especially 
if there has been any accusation of unfair or 
dishonest dealings, is that every man is to 
declare his vote and be recorded as having 
voted yea or nay upon the question." 

21 " Neither House, during the session, shall 

adjourn, without the consent of the other, 
for more than three days. Nor shall either 
House adjourn to any other than the 
chosen place for sitting." 

22 "The Senators and Representatives shall 

receive salaries in compensation for their 
services; and this salary shall be paid 
from the Treasury of the United States, 
and the amount shall be decided by law." 

Here again, we recall that Gerry found fault with 



112 THE STORY OF THE CONSTITUTION 

this clause. This, he said, is as good as saying that 
Congressmen shall decide upon their own salaries, 
since Congressmen make the laws. 

This was true, but here again, the presence of 
reporters and the freedom of the press prevent any 
considerable wrong-doing. No Congressman would 
care to go on record as having attempted to secure 
an unjust salary for himself, nor would other mem- 
bers care to go on record as having taken a stand be- 
side him. Again, we know that every bill has to go 
through both houses, and also to the President, be- 
fore it becomes a law; and an unfair bill of such a 
nature would hardly come through so many hands. 

23 " Senators and Members of the House of 

Representatives shall be free from arrest 
during the session of Congress except for 
some high crime like Treason or Felony or 
Breach of the Peace. Neither may they be 
arrested while on their way to or from the 
House to which they belong." 
" Moreover, they shall not be annoyed or ques- 
tioned for anything that they may have said 
during session of Congress." 

24 "No Senator of Representative shall hold any 

other office under the government." 
"No person holding a government office shall 
be eligible for Senator or Representative." 

25 "All bills for raising money — Revenue Bills 

— shall originate in the House of Represent- 
atives." 



THE STORY OF THE CONSTITUTION 113 

This is a clause that appeals closely to the common 
people — the people who pay the taxes and raise the 
money. This is what the English people contended 
in the times of King William, when the Barons and 
the common people declared that neither the King nor 
his self-chosen Council had any right to spend the 
people's money without permission of the people. 
Now since the House is made up of members chosen 
directly by the people, it brings ithe matter of money 
appropriations close to the people. 

These Revenue Bills, like all others, must go to the 
Senate and to the President before becoming a law; 
still it is significant that they must originate in the 
people's House; i. e., the House of Representatives. 

Next in the Constitution, we come to the story of 
"How a Bill becomes a Law." 

26 "Except a Revenue Bill, any bill may 
originate in either House for approval. 

"Having originated, it goes to the other 
House for approval." 

"This House must give a two-thirds approval." 

"The 'bill' is next sent to the President of 
the United States. He must sign it or veto 
it within ten days. If he signs it, it becomes 
a law at once." 

" If he vetoes the bill it goes back to the House 
from which it originates and is voted upon 
again; that is, 'reconsidered.'" 

"This House must then vote upon it in a yea 
and nay vote." 

"The bill then goes to the other House for 



114 THE STORY OF THE CONSTITUTION 

reconsideration, through a yea and nay 

vote." 
"If both houses still give it a two-thirds vote 
the bill becomes a law ' over the President's 
veto.'" 

All resolutions and Orders must pass through the 
same process. 

We come now to a long list of things which Congress 
is given power to do. They are as follows : 

27 "Congress may collect taxes, imposts and 

excises." 
"Congress may pay national debts." 
"Congress may borrow money on United 

States credit." 
"Congress may regulate commerce with 

foreign nations and among the States." 
"Congress may establish a national rule for 

naturalization." 
"Congress may make bankrupt laws." 
"Congress may coin money." 
"Congress may regulate the value of its 

coins." 
"Congress may fix standards for weights 

and measures." 
"Congress may punish counterfeiters." 
"Congress may establish post-offices." 
"Congress may provide copyrights and 

patents." 
"Congress may establish inferior courts." 
"Congress may punish piracy and all fel- 
onies committed on high seas." 



THE STORY OF THE CONSTITUTION 1 15 

" Congress may punish all offences against 
the laws of other nations." 

" Congress may declare war." 

" Congress may grant letters of marque and 
reprisal." 

" Congress may make laws regarding cap- 
tures upon the sea." 

"Congress may raise and support armies 
and navies, but no money appropriation 
can be made for more than two years." 

" Congress may make rules for the govern- 
ment and regulation of land and naval 
forces. 

"Congress may call forth the State militia 
to execute the laws, to suppress insur- 
rections and to repel invasions." 

"Congress may provide for the organizing, 
arming, and disciplining of the State 
militia and for governing it while it is in 
the service of the Country." 

"Congress may have exclusive rights over 
the seat of national government." 

"Congress may have exclusive rights over 
arsenals, forts, and other public 
buildings." 

"Congress may make any laws neces- 
sary to carry out any of the above." 

As we read this list of things which Congress is 
trusted to do without consulting the people, although, 
of course, Congress is at all times intended to be a 
representative house of the people, we see how faith- 



Il6 THE STORY OF THE CONSTITUTION 

fully the delegates adhered to the principle of State 
independence so far as State's rights must exist with- 
out interfering with Central Government. 

Most of the statements are easily understood; a 
few perhaps need explanation. For example, what 
are patents and copyrights ? If an author wishes to 
prevent other publishers from publishing his work, 
he sends to the Congressional Library at Washington 
and gets a government paper called a copyright entry. 
This copyright gives the author exclusive rights for 
a number of years over his books or other writings. 
If, meantime, an unauthorized publisher " infringes" 
upon this right which government has given the 
author or publisher, the owner of the copyright may 
sue the infringing publisher and recover damages. 

A government patent is a similar matter. If a 
man has invented something which is new and is of 
use to the world, he sends a description and a model 
to the Patent Office at Washington, and the govern- 
ment gives him a paper which protects him in the 
exclusive right for fourteen years to manufacture and 
sell the article patented. 

And what are letters of marque and reprisal ? 

We must remember that in the days when this Con- 
stitution was made, there were pirates upon the sea. 
Often a captain would be suspected by some govern- 
ment of being a pirate when he was not. If, then, a 
ship of another government should seize upon a sus- 
pected ship, the captain would need something to 
prove that he was not a pirate and that he was sailing 
honestly under the protection and orders of his own 
flag. Therefore, a captain would, before setting out, 



THE STORY OF THE CONSTITUTION 117 

get from the government a paper called a letter of 
marque. Again, in times of war, if a captain captured 
the enemy's ship, he would have to show proof that he 
was in the government employ. The captured ship 
would not be willing to surrender until the captain 
had shown proof that he was in the employ of his 
government and that he had been authorized to do 
just what he claimed to have a right to do. How else 
could a captured ship know that it was not falling 
into the hands of pirates ? Indeed, this was just what 
the pirates did often, claiming to be authorized by a 
certain government. Many a trouble did the coun- 
tries get into with each other through these piracies, 
until letters of " marque and reprisal" began to be 
issued by the governments, each to its own captains. 
On presentation of this letter of reprisal, which means 
in war time the right to overtake and capture, the cap- 
tured ship was forced to surrender in accordance with 
the rights of war. 

Following this list of things which Congress may 
do, is a list of the things which Congress may not do. 

Congress may not: 

28 " Prohibit immigration or importation until 
the year 1808. 

This, we recall, was the peace-making clause in 
the Compromise concerning the matter of slavery in 
the United States." 

" Congress may not suspend the Habeas Corpus 
Act except when public safety demands it." 

The Habeas Corpus Act, we remember, was a 



Il8 THE STORY OF THE CONSTITUTION 

dearly bought act under Charles I; and the delegates 
did not intend to have any such cruelties occur under 
the new government as had occurred under Charles I, 
when he imprisoned for life anyone who displeased 
him or whenever it suited his own personal conven- 
ience. 

" Congress may pass no bill of attainder" — 

as had James when he came to Ireland hoping to re- 
cover the English throne. (See reign of James II.) 
Then, you may recall, he issued bills of attainder 
right and left; i. e., he commanded every squire to 
come to his assistance at a certain hour, threatening 
not only punishment for the squire if he refused to 
obey, but also " forfeiture of blood" — which meant 
that his title would be taken not only from him but 
from his descendants. 

"Congress shall pass no ex-post-jacto bills" 

An ex-post-facto bill is a bill made after a certain 
offense has been committed for the purpose of punish- 
ing the person who has committed that offense. This 
is evidently unjust. If a man has broken no law, 
even though he deserves punishment he can not be 
punished by law. A government should see to it that 
all necessary laws are made; or if something comes 
up showing that the existing laws are inadequate, 
make new ones as the occasion requires. The per- 
son who has committed an offence for which there 
was no legal punishment at the time may not, on legal 
principles, be punished by law. 



THE STORY OF THE CONSTITUTION 119 

" Congress shall place no direct taxes without the 
consent of the people." 

In this we recognize that the delegates were familiar 
indeed with the story of English struggle for a House 
of Commons which should see to it that no king 
would tax the people without their consent. It took 
centuries to bring this about in England ; but it hav- 
ing been at last brought about, the House of Com- 
mons became henceforth the watch dog of the people's 
money. Our delegates wished our country to be 
equally secure. 

" Congress shall tax no articles passing from one 
State to another." 

Here we see a reference to the existing troubles of 
which we have read in the story of the Danger Period, 
when New York, for example, would not allow the 
Connecticut farmers and the New Jersey farmers 
admission with their farm products except under 
heavy State import tax or tariff. 

" Congress shall give no preference to one port 
over another." 

This, we see, was a wise provision; otherwise a 
senator might attempt to influence the Senate in some 
underhanded way to favor his own state to the injury 
of some other state. 

" Congress shall not draw money from the Treas- 
ury except through natural processes of law." 

And by this it means that if it becomes necessary 



120 THE STORY OF THE CONSTITUTION 

to draw money from the Treasury, that it must be 
brought up before Congress and treated legally, just 
as any other affair would be treated. Under this 
provision, every time money is appropriated by Con- 
gress, the common people know it and may approve 
or disapprove. They may express their approval or 
disapproval in their next election, since the govern- 
ment of our country was intended to be wholly in the 
hands of the people. Indeed, one may well say that 
if to-day there is anything amiss with the way in 
which our laws are carried out, it is wholly the fault 
of the people who have put men unworthy of trust 
into public offices. // is in the power o) the common 
people, if they will, to correct any existing wrongs. 

" Congress shall not fail to give account of all 
moneys from time to time." 

" Congress shall at no time give titles of nobility." 

Isn't it possible that the delegates remembered the 
time when Massachusetts came so near giving titles 
to Lords Say and Seal, who were willing to come to 
America providing the ancient titles of their families 
be respected. Then, too, it is little wonder that the 
delegates had come to hate titles when we consider 
how the colonies had suffered from titled kings 
through all the years that had passed. Washington, 
we remember, might have accepted a title at the time 
of the uprising of the Revolutionary soldiers; but he 
cared little for titles. To him a government by the 
whole people, and no favored classes, was his ideal of 
what was right and best for a people. Again, we 



THE STORY OF THE CONSTITUTION 121 

recall that the colonies had had a taste of titles while 
under the titled governors — Sir Edmund Andros, 
for example. Indeed, in every way the colonial dele- 
gates had good reason to hate titles. 

And now we come to the closing lines of the Legis- 
lative or Law Making part of the Constitution. We 
read now a list of things which the State must not do. 
In general, even before we read the list, we may be 
sure that the statements will be based upon this one 
principle, namely, that however great freedom may 
be for the States, there must be no collision between 
State rights and Central Government rights. This is 
reasonable; for we see at once that it would never do 
to have a State here and there pass, for its own ter- 
ritory, laws that were in opposition to those passed 
by Congress. It would be like a family in w r hich 
each member had his own set of rules regardless of 
the rights of any other member of the family. Keep- 
ing this principle in mind, let us read this list of 
" Things which a State May Not Do." 

This statement runs as follows: 

"A State may not enter into treaties, etc., with 

other countries. 
"A State may not issue letters of marque and 

reprisal. " 
"A State may not coin money." (Certainly 

there had been enough suffering from this !) 
"A State may not borrow money on United 

States credit." 
" A State must not make paper money for itself." 

When we consider that paper money is nothing 



122 THE STORY OF THE CONSTITUTION 

more nor less than promissory notes signed by the 
government, we realize that this provision was wise. 
Had each State been allowed to make its own promis- 
sory notes, of what value would they have been? 
Think, too, what business complications would come 
up, what money panics, what mutual money distrust 
would exist, if each State, weak as compared with the 
United States government, were allowed to issue 
promissory notes. 

"No State may pay its debts with anything but 
silver or gold." 

This statement blends naturally with the one be- 
fore it. Silver and gold have a definite fixed value; 
and so if a State pays its debts with silver or gold, the 
person receiving the silver and gold, whatever form 
it is in, is sure that he is receiving his full value. 

Every silver piece issued by the United States 
government is now guaranteed to be worth its face 
value in gold; that is, if you send the government 
one hundred dollars in silver coin it will give you one 
hundred dollars in gold for it, although the silver 
in the hundred dollars, if melted, is not worth one 
hundred dollars in gold. 

In times of war, as you have already read and as 
you will again read when you come to the story of our 
Civil War, a country often gets terribly involved be- 
cause of its powerlessness to pay its debts in gold. 
Promissory notes are then resorted to; but a promis- 
sory note is of no more value than the person or the 
country back of it. And so, if the country is losing 
ground, the paper money or the promissory notes 



THE STORY OF THE CONSTITUTION 1 23 

lose real value. Such experiences every country at 
some time or other has suffered because of wars., 

"A State may pass no bills of attainder." 
" A State may pass no ex post facto laws." 
" A State may grant no titles of nobility." 
"A State may pass no laws which render a con- 
tract valueless." 
"A State may impose no duties on exports or 
imports. A State shall lay no duty on 
tonnage." 
"A State shall keep no troops in time of peace." 
"A State shall keep no ships of war." 
" A State shall enter into no agreement with other 

states or foreign countries." 
"A State shall not engage in war except in sud- 
den emergencies." 

As we read these statements, we find that the re- 
strictions placed upon the States are only such as are 
necessary for the common good, and it would seem 
that the delegates were always mindful of the rights 
of States as far as was consistent with harmonious 
central government. The constitution is a document 
so wisely constructed, so well balanced, so far reach- 
ing, that we may justly be proud of it. At the time 
it was made it was the admiration of statesmen in 
England and on the Continent ; and with few excep- 
tions it has proved an excellent form of government 
for our people. Nevertheless, let us not forget that 
it was but the harvest, as it were, of the long centuries of 
seed sowing in England, where pluck and the common 
people fought out, step by step, their personal freedom. 



124 THE STORY OF THE CONSTITUTION 



II The Executive Department 

This department of the Constitution treats of the 
means and processes by which the laws which are 
made in the Legislative Department shall be carried 
out. 

Section i 

i a The Executive (or carrying out) power of 
the United States shall be vested in (placed in the 
hands of) the President and Congress. 

b The President (and the Vice-President) shall 
hold office four years and shall be elected by the vote 
of the people in the following manner: 

2 Each State shall appoint (through its Legis- 
lature) as many Electors as there are Senators and 
Representatives from that State. No Senator or 
Representative who holds any office of trust or profit 
under the United States shall be himself appointed 
an Elector. 

3 a The Electors shall meet in their respective 
States and ballot for two persons, one of whom shall 
not be an inhabitant of the same State with them- 
selves. 

b They shall make a list of all persons thus voted 
for and a list of the number of votes each receives. 

c These lists, the Electors shall sign and certify 
and send by mail, sealed, to the seat of government 
of the United States, the package being directed to 
the President of the Senate (Speaker). 

d The President shall open the package in the 



THE STORY OF THE CONSTITUTION 125 

presence of the Senate and House of Representatives 
and the votes shall be counted. 

e The person having the greatest number of 
votes shall become President of the United States, 
providing this "largest number" be a majority of 
the whole number of Electors appointed. If more 
than one name receives a "majority" and an equal 
number of votes, then the House of Representatives 
shall cast votes for these two. The one having the 
greatest number of votes from the House becomes 
President. 

/ If, however, on opening the package, it be found 
that no person has a majority, the five names highest 
on the list are voted upon by the House of Repre- 
sentatives and the person receiving the highest 
number of votes becomes President of the United 
States. 

g In choosing a President, the votes shall be taken 
by States, the group of Electors from each State 
counting as one. A "quorum" shall be necessary, 
this consisting of one member or members from 
two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. 

Note Let it be thoroughly understood what a quorum is; 
also what a majority is. It is well here to teach the difference 
between a majority and a plurality. 

The Author has found it impossible to successfully and 
satisfactorily teach the method of electing a President, except 
through object-teaching. The teacher is strongly urged to 
arrange electoral votes so that there shall and shall not be a 
majority of votes; also so that there shall be a "tie" when 
the sealed package is opened. Vote only by the new method; 
it is useless and confusing to try to remember the oklmethod. 



126 THE STORY OF THE CONSTITUTION 

h After the President is chosen, the Vice-President 
shall be chosen; that is, the one having the greatest 
number of votes. If, however, two names have the 
same number of votes, the Senate (notice that it is 
the Senate) shall vote upon the two names, as the 
House of Representatives voted upon the names of 
President. 

Now it was soon found that this was not a satis- 
factory way to vote for a President and Vice-President. 
The Fathers of the Constitution meant to keep the 
election of the President in the hands of the people as 
far as possible ; but it was found that if elected in this 
way, the people's real choice was lost in the process. 

Therefore, in 1803, this clause of the Constitution 
was changed. (See Amendment XII.) The Presi- 
dent of the United States is now elected in this 
manner: 

a The Electors meet in their respective States and 
vote by ballot for President and Vice-President, one 
of whom shall not be a member of the same State 
with themselves. 

b The President shall be balloted for first, the 
Vice-President, secondly, these ballotings being per- 
fectly separate. 

c The Electors shall then make a list of names 
of those voted for as President and a list of names 
of those voted for as Vice-President. 

d These lists the Electors shall sign and certify, 
seal and send to the President of the Senate (the 
Speaker). 

e The President of the Senate shall in the presence 



THE STORY OF THE CONSTITUTION 1 27 

of the Senate and the House of Representatives open 
the package and the votes shall be counted. 

/ The person having the greatest number of 
votes, providing he have a majority of the whole 
number of Electors, shall be the President. If no 
person have a majority, the highest names on the 
lists (not more than three, less, if the House choose, 
shall be balloted upon by the House. The person 
receiving the highest number of votes becomes 
President. 

g In choosing a President, the Electors' listed 
names shall be taken by States, each State having 
one vote. The quorum shall consist of two-thirds 
of the States and a majority of all the States shall be 
necessary to a choice. 

h The person having the greatest number of 
votes as Vice-President shall become Vice-President, 
providing that number be a majority of the Electors. 
If no person have a majority, the Senate shall ballot 
for Vice-President from the two highest numbers. 
The quorum shall consist of two-thirds of the whole 
Senate and a majority of the whole number of Sena- 
tors shall be necessary for a choice. 

i No person who is not eligible to the office of 
President, shall be eligible to the office of Vice- 
President. (This is because the Vice-President, 
should the President die or be impeached during 
his term of office, would become President.) 

4 Congress shall decide upon the day when the 
Electors shall be chosen and also the day upon which 
they shall ballot, that day being the same through- 
out the United States. 



128 THE STORY OF THE CONSTITUTION 

5 No person shall be eligible to the office of 
President or Vice-President unless he be a natural 
born citizen of the United States and has lived in 
his own country for at least fourteen years. He 
must also be thirty-five years of age. 

6 a Should the President die or for any reason 
be unable to perform his duties, the Vice-President 
takes his place, 

b Should the Vice-President die or for any reason 
be unable to perform the duties of President, Congress 
may choose some one to serve until another President 
be elected by the people through their Electors. 

7 The President shall receive a salary and this 
salary shall neither be increased or decreased during 
his term of office. 

8 The President shall take the following "oath 
of office": 

"I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United 
States, and will to the best of my ability preserve, 
protect, and defend the Constitution of the United 
States." 

Section 2 

1 a The President shall be Commander-in-Chief 
of the army and navy of the United States and of the 
militia of the States while they are in the service of 
the United States. 

b He may require in writing the opinions of the 
heads of the various government departments (hence 
the Cabinet). 



THE STORY OF THE CONSTITUTION 1 29 

c The President shall have the power to grant 
reprieves or pardons. 

2 With a two-thirds vote of the Senate, he may 
make treaties with foreign nations, appoint ambas- 
sadors, public ministers and consuls, judges of the 
Supreme Court and other officers for the government ; 
this includes heads for the departments, that is, the 
heads who form the President's Cabinet. Congress 
may or may not, as it thinks best, allow the President 
to appoint inferior officers. 

3 The President fills vacancies which may occur 
in the Senate by granting commissions which endure 
only until the end of the session. 

Section 3 

a The President shall keep Congress informed 
as to the national conditions, needs, etc., and shall 
from time to time recommend to their consideration 
things which seem to him important. (This is done 
through the " President's Messages.") 

b In case of disagreement between the Senate 
and the House as to the adjournment, the President 
shall make the decision. The President, Vice- 
President and all civil officers may be removed from 
office for treason, bribery, or other higher crimes and 
misdemeanors. 

c The President shall receive all foreign ambas- 
sadors, consuls, etc. 



130 THE STORY OF THE CONSTITUTION 



III The Judicial Department 

The Judicial power of the United States (the power 
to make legal settlements of disputes, by which the 
country must abide) shall be vested in one Supreme 
Court and in such lesser courts as Congress may 
establish. 

The judges of all courts shall hold their offices 
during good behavior, and shall receive for compensa- 
tion a salary which shall not be diminished during 
their term of office. 

The Judicial power shall extend to all cases in law 
and equity arising under this Constitution; to the 
laws of the United States and treaties which have 
been made or shall be made; to all cases affecting 
ambassadors and other public officers; to all cases 
concerning the army or the navy; to controversies 
in which the United States takes part; to contro- 
versies betewen States; between citizens of the same 
State claiming lands under grants of different States; 
between a State and its citizens. (See Amendment, 
Art. XI.) 

All trials, except for impeachment, shall be car- 
ried on by a jury and shall take place in the State 
where the offense has been committed. 

Treason against the United States shall consist of 
carrying on war against the government and in ad- 
hering to the enemy and assisting them. 

No person shall be convicted of treason except on 



THE STORY OF THE CONSTITUTION 131 

the testimony of two witnesses or on open confession 
of the person under trial 

Congress may declare treason and declare punish- 
ment for it; but no " attainder of treason shall work 
forfeiture of corruption of blood" except during the 
life of the person convicted. 

Every State must respect and abide by the court 
decisions of every other State. 

Congress may by general laws declare the manner 
in which a State's acts, records and proceedings shall 
be proved and what effect they shall have. 

A citizen of one State is entitled to all the legal 
protection due him, whether in his own or in other 
States. That is, he will be treated rightly in another 
State and on the other hand, if he is escaping from 
one State to another, the State receiving him will de- 
liver him up to his own State. 

Any person held in bondage or in servitude escap- 
ing to another State shall be returned to that State. 
(This was the original Fugitive slave law and re- 
ferred, of course, to slaves particularly, although it 
also included apprentices, since the apprentice- 
ship system w r as then in practice. (See Amendment, 
Art. XIII.) 

Congress may admit new States ; but no new States 
may be made from the territory of already existing 
States. Congress shall make all necessary laws and 
rules in protection of the property of the United States. 
Congress shall guarantee to every State in the Union 



132 THE STORY OF THE CONSTITUTION 

a republican form of government and shall protect 
each State from invasion and, if the State appeal 
for help, against violence among its own citizens — 
mobs, for example. 

Congress, with a two-thirds vote, may make any 
amendments which seem necessary. 

All debts contracted before the making of this 
Constitution shall be paid by the United States. 

(There were some citizens at this time who wished 
to repudiate the Revolutionary debts on the ground 
that there was no united government in those days 
and that, therefore, those who had loaned money 
could collect it no more than a person lending money 
to a child could collect it. Against such evasion of 
responsibility, however, Washington and all States- 
men of his high character were strongly opposed.) , 

This Constitution, with whatever amendments may 
be made in the future, shall be the Supreme Law of 
the Land and shall be obeyed as such. 

All officers taking government positions shall 
swear an oath of allegiance to this Constitution. No 
religious test shall ever be required as a qualification 
for holding office under the Constitution of the 
United States. 

The ratification of nine States shall be sufficient 
to establish this Constitution as the instrument of 
government for the United States of America. 



THE STORY OF THE CONSTITUTION 1 33 

The delegates, as we know, had striven to cover 
every possible point and to guard every possible right 
as they sat in Convention framing the Constitution. 
The people of the different States, however, saw flaw 
upon flaw in this document and declared that it 
should not be accepted until personal rights were 
made more secure. They had not forgotten how 
recently persecution for religious beliefs has existed; 
how recently freedom of speech had been acquired; 
how recently soldiers had been quartered upon them; 
and there were many other points which the dele- 
gates had not mentioned in this Constitution one by 
one, although they had made clauses which they be- 
lieved covered all these points — all points, indeed, 
that could possibly be brought up by the States. 

Nevertheless, although the States admitted that 
certain clauses could be construed to include these 
personal points, the people were willing to take no 
risks and the following ten amendments which were 
called the Bill of Rights (because they were of the 
same nature as the demands in the Bill of Rights 
which was offered by the English people to William 
and Mary°), were added to the Constitution: 

Congress shall make no law establishing any re- 
ligion or prohibiting any religion. 

There shall be no abridgment of free speech or 
free press. 

The People shall have always the right to assemble 
and discuss any matter. 

They shall have the right to petition government 
for redress of any wrong. 



134 THE STORY OF THE CONSTITUTION 

A well-regulated militia being necessary to secure 
peace, every State shall be permitted to have its own 
militia. 

No soldier shall in times of peace be quartered in the 
house of any person without that person's consent. 

Even during war no soldier shall be quartered ex- 
cept in a manner prescribed by law. 

There shall be no unfair warrants for search or 
seizure. (Here the people had in mind the Writs 
of Assistance which George III had issued before 
the Revolutionary War.) 

No person shall be made to answer for a capital 
crime or otherwise infamous crime unless on indict- 
ment by a grand jury, except in cases arising in the 
land or naval forces or in the militia when in service 
and in time of public danger. 

No person shall be twice accused and tried for the 
same offense. 

No person shall be made to testify against himself. 

No person shall be deprived of liberty or life ex- 
cept with due process of law. 

Private property shall not be taken without just 
compensation. 

The criminal shall have a speedy public trial by 
an impartial jury, from the district in which the 
offense was committed. 

In suits at common law, exceeding the value of 
twenty dollars, the right of trial by jury shall be pre- 
served. 



THE STORY OF THE CONSTITUTION 1 35 

Excessive bail and fines shall not be allowed; 
neither cruel and unnecessary punishment. 

The fact that certain rights are not here mentioned 
shall not be construed to mean that any other com- 
mon rights not mentioned shall be disregarded. 

Powers not delegated to the United States by the 
Constitution nor prohibited by the Constitution to the 
States are reserved to the States; that is, anything 
that has not been prohibited and which is not inhar- 
monious with central government, the States may 
consider that they have the right to do with their 
own limits. 

All these points were considered long and care- 
fully by the Continental Congress, and were accepted 
and added to the Constitution as it originally stood. 
The Constitution, with its Bill of Rights — that is, 
with the ten amendments — was then sent back to 
the Legislatures of the various States; and, since 
all essential points of contention were included in 
these amendments, the Constitution was ratified by 
all but one State, and it went at once into effect. 

At once, then, the matter of electing a President 
filled the air; and, as every American child knows, 
the first choice of the people was George Washing- 
ton. On entering office, he elected Alexander 
Hamilton, General Knox, Edmund Randolph and 
John Jay as heads of the departments — and made 
them Secretary of the Treasury, Secretary of War, 
Secretary of law matters — that is, Attorney-Gen- 
eral — and Secretary of State. 



136 THE STORY OF THE CONSTITUTION 

These were the only Cabinet departments in the 
time of Washington; but in the years that have 
followed, more departments have been added. 

Although the Constitution had been ratified by the 
states, there were thousands of men here and there 
who did not at all approve of it. They feared that 
any central government would take from the freedom 
of the States; neither could they see that there was 
absolute need for so strong a central government. 
These men were called Anti-Federalists, because 
they did not approve of a central or Federal Govern- 
ment. Those who did approve, were called Federal- 
ists. By both these parties, however, Washington 
was supported, and so was unanimously elected — 
something that never has occurred since, not even 
at Washington's second election. Indeed, so bitter 
had the feeling between Federalists and Anti-Federal- 
ists grown at the end of Washington's second term, 
that it is very doubtful whether he would have won a 
third election even had he stood as candidate for it. 

However, all this you have learned in your every- 
day history. Therefore we will close this story of 
the Onward March of Freedom just here with the 
Ratification of the Constitution which marks as great 
an epoch in the progress of liberty as when King 
John signed the Magna Charta. 

The Onward March of Human Freedom is not yet 
finished, however — that we must always keep in mind. 

Already other amendments have been added to the 
Constitution, one especially relating to the freedom 
of the slave; and as the years go on, there will be 
other amendments. 



THE STORY OF THE CONSTITUTION 137 

What these amendments shall be, depends upon 
the future voters of the United States, of which every 
boy who has read this story of how his own govern- 
ment came about (and every girl, perhaps), will be 
one. 

There are many grave problems before the Ameri- 
can people to-day, which will not be settled for 
many years; these will, perhaps, be settled by those 
of you who to-day are boys and girls in the public 
schools. 

That you solve these problems rightly and honestly, 
and that you make it possible for the uplift of the 
human race to still go on, is the deepest need which 
this country of ours has to-day. 



Topics for Class Research 

Objects of the Constitution. 

Resentment of the Colonists at their officials being brought 

to England for trial. 
Fight against the placing of power in the hands of one 

Ruler. 
The Reign of William and Mary in Old England. 



QUESTIONS 

What seven statements in the Preamble? 
Into how many departments is the Constitution divided? 
Name them. 
What does each mean? 
Law making is done by whom? 
Congress consists of what? 
How are Representatives chosen? 

What three qualifications necessary for a Representative? 
How many Representatives has a State? 
How did this come about? 
How is taxation levied? 

Explain how this clause came to be in the Constitution. 
What if a vacancy occurs in the House of Representatives? 
Who chooses the Speaker for the House? 
Of what is the Senate composed? 
How many Senators has each State? 
How did this number come about? 
What are the qualifications for a Senator? 
How is the Speaker for the Senate chosen? 
How are other officers chosen? 
Tell the story of an impeachment. 
What punishments follow impeachment? 
How, when and where are Congressmen elected? 
How often does Congress meet? 

How many members must be present to carry on business? 
Can members be forced to attend? 
Why is this compulsion necessary? 
What is a quorum ? A majority? A plurality? 
May a Congressman be expelled? What for? 
What about the Journal of Congressional doings? 
Who objected to allowing parts of it to be suppressed? Why 
did he object ? 

139 



140 THE STORY OF THE CONSTITUTION 

Can Congress adjourn at pleasure? 

Are Congressmen salaried? 

Explain how a bill becomes a law. 

What are some of the things which Congress may do? 

What are some of the things which Congress may not do ? 

What are some of the things that a State may do and may not do ? 

What is a copyright? A patent? 

What are letters of marque and reprisal? 

What is a Bill of Attainder? 

What is an ex post facto law ? 

What promises does Congress make to the States? 

Can the Constitution be amended? 

What are the first ten Amendments called? 

Who is Commander-in-chief of the army? 

Who is Commander-in-chief of the navy? 

What State sent no delegate to the Convention ? 

Why were the states dissatisfied with the Constitution? 

How rtnany Amendments have been made since the Constitution 

was accepted? 
What are some of the grave problems before the country to-day ? 
What do you think will be the next Amendment ? 



THE CONSTITUTION OF THE 
UNITED STATES 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, 
provide for the common defense, promote the general welfare, 
and secure the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the United States 
of America: 

ARTICLE I 

Section i. All Legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section 2 . 1 . The House of Representatives shall be com- 
posed of members chosen every second year by the people of the 
several States and the electors in each State shall have the quali- 
fications requisite for the electors of the most numerous branch 
of the State legislature. 

2. No person shall be a Representative who shall not have 
attained the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, in- 
cluding those bound to service for a term of years, and exclud- 
ing Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall 
by law direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each State shall have at least 

141 



142 THE STORY OF THE CONSTITUTION 

one Representative; and until such enumeration shall be made, 
the State of New Hampshire shall be entitled to choose three, 
Massachusetts eight, Rhode Island and Providence Plantations 
one, Connecticut five, New York six, New Jersey four, Pennsyl- 
vania eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

Section 3. 1. The Senate of the United States shall be 
composed of two Senators from each State, chosen by the Legis- 
lature thereof, for six years; and each Senator shall have one 
vote. 

2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided as equally as 
may be into three classes. The seats of the Senators of the first 
class shall be vacated at the expiration of the second year, of 
the second class at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so that one-third 
may be chosen every second year; and if vacancies happen by 
resignation, or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary appoint- 
ments until the next meeting of the Legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote, unless they be equally 
divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of the United 
States. 



THE STORY OF THE CONSTITUTION 1 43 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside; and no person shall be 
convicted without the concurrence of two-thirds of the mem- 
bers present. 

7. Judgment in cases of impeachment shall not extend fur- 
ther than to removal from office, and disqualification to hold 
and enjoy any office of honor, trust, or profit under the United 
States; but the party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment and punishment, accord- 
ing to law. 

Section 4. 1. The times, places and manner of holding 
elections for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress may 
at any time by law make or alter such regulations, except as to 
the places of choosing Senators. 

2. Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Section 5. 1. Each house shall be the judge of the elec- 
tions, returns and qualifications of its own members, and a 
majority of each shall constitute a quorum to do business; but 
a smaller number may adjourn from day to day, and may be 
authorized to compel the attendance of absent members, in such 
manner, and under such penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the con- 
currence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy; and the yeas and nays 
of the members of either house on any question shall, at the 
desire of one-fifth of those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two houses 
shall be sitting. 



144 THE STORY OF THE CONSTITUTION 

Section 6. i. The Senators and Representatives shall 
receive a compensation for their services, to be ascertained by 
law, and paid out of the Treasury of the United States. They 
shall in all cases, except treason, felony and breach of the peace, 
be privileged from arrest during their attendance at the session 
of their respective houses, and in going to and returning from 
the same; and for any speech or debate in either house, they 
shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased during such 
time; and no person holding any office under the United States, 
shall be a member of either house during his continuance in 
office. 

Section 7. 1. All bills for raising revenue shall originate 
in the House of Representatives; but the Senate may propose 
or concur with amendments as on other bills. 

2. Every bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it become a law, be 
presented to the President of the United States; if he approve 
he shall sign it, but if not he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter 
the objections at large on their journal, and proceed to recon- 
sider it. If after such reconsideration two-thirds of that house 
shall agree to pass the bill, it shall be sent together with the 
objections, to the other house, by which it shall likewise be re- 
considered, and if approved by two-thirds of that house, it shall 
become a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, tod the names of the per- 
sons voting for and against the bill shall be entered on the jour- 
nal of each house respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a 
law. 

3. Every order, resolution, or vote to which the concurrence 



THE STORY OF THE CONSTITUTION 1 45 

of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of 
Representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 

Section 8. 1. The Congress shall have power to lay and 
collect taxes, duties, imposts and excises, to pay the debts and 
provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uni- 
form throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations and among 
the several States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the United 
States; 

5. To coin money, regulate the value therof, and of foreign 
coin, and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States; 

7. To establish post-offices and post-roads; 

8. To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed 
on the high seas, and offences against the law of nations; 

11. To declare war, grant letters of marque and reprisal, 
and mate rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the 
land and naval forces; 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions; 



146 THE STORY OF THE CONSTITUTION 

16. To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the States 
respectively, the appointment of the officers, and the authority 
of training the militia according to the discipline prescribed by 
Congress; 

17. To exercise exclusive Legislation in all cases whatso- 
ever, over such district (not exceeding ten miles square) as may, 
by cession of particular States and the acceptance of Congress, 
become the seat of the Government of the United States, and 
to exercise like authority over all places purchased by the con- 
sent of the Legislature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, dock yards, and 
other needful buildings; and 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof. 

Section 9. 1. The migration or importation of such per- 
sons as any of the States now existing shall think proper to 
admit, shall not be prohibited by the Congress prior to the year 
one thousand eight hundred and eight, but a tax or duty may 
be imposed on such importation, not exceeding ten dollars for 
each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

3. No bill of attainder or ex post facto law shall be 
passed. 

4. No capitation, or other direct, tax shall be laid, unless 
in proportion to the census or enumeration herein before di- 
rected to be taken. 

5. No tax or duty shall be laid on articles exported from any 
State. 

6. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of another. ; 
nor shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 



THE STORY OF THE CONSTITUTION 1 47 

7. No money shall be drawn from the Treasury but in con- 
sequence of appropriations made by law; and a regular state- 
ment and account of the receipts and expenditures of all public 
money shall be published from time to time. 

8. No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them, 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

Section 10. 1. No State shall enter into any treaty, alli- 
ance, or confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill of at- 
tainder, ex post facto law, or law impairing the obligation of 
contracts, or grant any title of nobility. 

2. No State shall, without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the 
net produce of all duties and imposts, laid by any State on im- 
ports or exports, shall be for the use of the Treasury of the 
United States; and all such laws shall be subject to the revision 
and control of the Congress. 

3. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops, or ships of war in time of peace, 
enter into any agreement or compact with another State, or with 
a foreign power, or engage in war, unless actually invaded, or 
in such imminent danger as will not admit of delay. 

ARTICLE II 

Section i. i. The executive power shall be vested in a 
President of the United States of America. He shall hold his 
office during the term of four years, and together with the Vice- 
President, chosen for the same term, be elected, as follows: 

2. Each State shall appoint, in such manner as the Legis- 
lature thereof may direct, a number of electors, equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress; but no Senator or Rep- 



148 THE STORY OF THE CONSTITUTION 

resentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

3. The electors shall meet in their respective States, and 
vote by ballot for two persons, of whom one at least shall not 
be an inhabitant of the same State with themselves. And they 
shall make a list of all the persons voted for, and of the number 
of votes for each; which list they shall sign and certify, and 
transmit sealed to the seat of government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Rep- 
resentatives, open all the certificates, and the votes shall then 
be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the whole 
number of electors appointed; and if there be more than one 
who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose 
by ballot one of them for President; and if no person have a 
majority, then from the five highest on the list the said House 
shall in like manner choose the President. But in choosing the 
President, the votes shall be taken by States, the representa- 
tion from each State having one vote; a quorum for this pur- 
pose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to 
a choice. In every case, after the choice of the President, the 
person having the greatest number of votes of the electors shall 
be the Vice-President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by 
ballot the Vice-President. 

4. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; which 
day shall be the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of 
the United States, at the time of the adoption of this Constitu- 
tion, shall be eligible to the office of President; neither shall 
any person be eligible to that office who shall not have attained 
to the age of thirty-five years, and been fourteen years a resident 
within the United States. 

6. In case of the removal of the President from office, or 



THE STORY OF THE CONSTITUTION 1 49 

of his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the Vice- 
President, and the Congress may by law provide for the case 
of removal, death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then act as 
President, and such officer shall act accordingly, until the dis- 
ability be removed, or a President shall be elected. 

7. The President shall, at stated times, receive for his ser- 
vices, a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been 
elected, and he shall not receive within that period any other 
emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall 
take the following oath of affirmation: 

"I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and will to the 
best of my ability preserve, protect and defend the Constitution 
of the United States." 

Section 2. 1. The President shall be Commander-in- 
chief of the Army and Navy of the United States, and of the 
militia of the several States, when called into the actual service 
of the United States; he may require the opinion, in writing, 
of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices, and he shall have the power to grant reprieves and par- 
dons for offenses against the United States, except in cases of 
impeachment. 

2. He shall have power, by and with the advice and con- 
sent of the Senate, to make treaties, provided two-thirds of the 
Senators present concur; and he shall nominate, and by and 
with the advice and consent of the Senate, shall appoint am- 
bassadors, other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, 
and which shall be established by law ; but the Congress may 
by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or 
in the heads of departments. 



150 THE STORY OF THE CONSTITUTION 

3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting 
commissions which shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress 
information of the State of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper; he shall receive 
ambassadors and other public ministers; he shall take care 
that the laws be faithfully executed, and shall commission all 
the officers of the United States. 

Section 4. The President, Vice-President and all civil 
officers of the United States, shall be removed from office on 
impeachment for, and conviction of, treason, bribery, or other 
high crimes, and misdemeanors. 



ARTICLE III 

Section i. The judicial power of the United States, shall 
be vested in one Supreme Court, and in such inferior courts as 
the Congress may from time to time ordain and etsablish. The 
judges, both of the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services, a compensation, which shall not be dimin- 
ished during their continuance in office. 

Section 2 . 1 . The judicial power shall extend to all cases, 
in law and equity, arising under this Constitution, the laws of 
the United States, and treaties made, or which shall be made 
under their authority; to all cases affecting ambassadors, 
other public ministers and consuls; to all cases of admiralty 
and maritime jurisdiction; to controversies to which the United 
States shall be a party; to controversies between two or more 
States; between a State and citizens of another State; 
between citizens of different States; between citizens of the 
same State claiming lands under grants of different States, and 



THE STORY OF THE CONSTITUTION 151 

between a State, or the citizens thereof, and foreign States, citi- 
zens, or subjects. 

2. In all cases affecting ambassadors, other public minis- 
ters and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations as the Congress shall 
make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State where 
the said crimes shall have been committed; but when not com- 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section. 3. 1. Treason against the United States shall 
consist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two witnesses to 
the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punish- 
ment of treason, but no attainder of treason shall work corrup- 
tion of blood or forfeiture except during the life of the person 
attainted. 



ARTICLE IV 

Section i. Full faith and credit shall be given in each 
State to the public acts, records, and judicial proceedings of 
every other state. And the Congress may by general laws pre- 
scribe the manner in which such acts, records and proceedings 
shall be proved, and the effect thereof. 

Section 2. 1. The citizens of each State shall be entitled 
to all privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in an- 
other State, shall on demand of the executive authority of the 
State from which he fled, be delivered up, to be removed to 
the State having jurisdiction of the crime. 



152 THE STORY OF THE CONSTITUTION 

3. No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such ser- 
vice or labor, but shall be delivered up on claim of the party 
to whom such service or labor may be due. 

Section 3. 1. New States may be admitted by the Con- 
gress into this Union; but no new State shall be formed or 
erected within the jurisdiction of any other State; nor any 
State be formed by the junction of two or more States, or parts 
of States, without the consent of the Legislatures of the States 
concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims 
of the United States, or of any particular State. 

Section 4. The United States shall guarantee to every 
State in this Union a republican form of government, and shall 
protect each of them against invasion, and on application of 
the Legislature, or of the executive (when the Legislature can 
not be convened) against domestic violence. 

ARTICLE V 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the Legislatures of two-thirds of 
the several States, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and 
purposes, as part of this Constitution, when ratified by the 
Legislatures of three-fourths of the several States, or by con- 
ventions in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress, provided that 
no amendments which may be made prior to the year one thou- 
sand eight hundred and eight shall in any manner affect the 
first and fourth clauses in the ninth section of the first article; 
and that no State, without its consent, shall be deprived of its 
equal suffrage in the Senate. 



THE STORY OF THE CONSTITUTION 1 53 

ARTICLE VI 

All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution as under the Confedera- 
tion. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made, 
or which shall be made, under the authority of the United 
States, shall be the supreme law of the land; and the judges in 
every State shall be bound thereby, anything in the Constitution 
or laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and 
the members of the several State Legislatures, and all executive 
and judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation, to support this 
Constitution; but no religious test shall ever be required as a 
qualification to any office or public trust under the United 
States. 

ARTICLE VII 

The ratification of the conventions of nine States, shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in convention by the unanimous consent of the 
States present the seventeenth day of September in 
the year of our Lord one thousand seven hundred and 
eighty-seven and of the independence of the United 
States of America the twelfth. In witness whereof, 
we have hereunto subscribed our names. 

George Washington 
President, and Deputy from Virginia 



154 THE STORY OF THE CONSTITUTION 

New Hampshire 
John Langton Nicholas Gilman 

Massachusetts 
Nathaniel Gorham Rufus King 

Connecticut 
William Samuel Johnson Roger Sherman 

New York 
Alexander Hamilton 

New Jersey 

William Livingston William Paterson 

David Brearly Jonathan Dayton 

Pennsylvania 

Benjamin Franklin Thomas Fitzsimons 

Thomas Mifflin Jared Ingersoll 

Robert Morris James Wilson 

George Clymer Gouverneur Morris 

Delaware 

George Read John Dickinson 

Gunning Bedford, Jr. Richard Bassett 

Jacob Broom 

Maryland 

James McHenry Daniel Carroll 

Daniel of St. Thomas Jenifer 

Virginia 
John Blair James Madison, Jr. 



THE STORY OF THE CONSTITUTION 1 55 

North Carolina 

William Blount Richd. Dobbs Spaight 

Hugh Williamson 

South Carolina 

John Rutledge Charles Pinckney 

Chas. Cotesworth Pierce Butler 

Pinckney 

Georgia 
William Few Abraham Baldwin 

Attest: William Jackson, Secretary 



Articles in Addition to, and Amendment of, the 

Constitution of The United States 

of America 

Proposed by Congress, and ratified by the Legislatures of the 
several States, pusuant to the fifth article of the original 
Constitution 



ARTICLE I 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peaceably to assemble, and to petition the government for a 
redress of grievances. 

ARTICLE II 

A well-regulated militia, being necessary to the security of 
a free State, the right of the people to keep and bear arms, shall 
not be infringed. 



156 THE STORY OF THE CONSTITUTION 

ARTICLE III 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 



ARTICLE IV 

The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the person or 
things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or public 
danger; nor shall any person be subject for the same offense 
to be twice put in jeopardy of life and limb; nor shall be com- 
pelled in any criminal case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use, with- 
out just compensation. 

ARTICLE VI 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accusation; 
to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor, and 
to have the assistance of counsel for his defense. 



THE STORY OF THE CONSTITUTION 1 57 

ARTICLE VII 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according 
to the rules of the common law. 

ARTICLE VIII 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX 

The enumeration in the Constitution of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

ARTICLE X 

The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 

ARTICLE XI 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of an- 
other State, or by citizens or subjects of any foreign State. 

ARTICLE XII 

The electors shal meet in their respective States, and vote 
by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with them- 
selves; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as 
Vice-President, and they shall make distinct lists of all persons 
voted for a? President and of all persons voted for as Vice- 



158 THE STORY OF THE CONSTITUTION 

President, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the President 
of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all 
the certificates and the votes shall then be counted: The 
person having the greatest number of votes for President shall 
be the President, if such number be a majority of the whole 
number of electors appointed; and if no person have such 
majority, then from the persons having the highest numbers not 
exceeding three on the list of those voted for as President, 
the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes 
shall be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. And 
if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice-President 
shall act as President, as in the case of the death or other 
constitutional disability of the President. The person having 
the greatest number of votes as Vice-President shall be the 
Vice-President, if such number be a majority of the whole 
number of electors appointed; and if no person have a majority, 
then from the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose shall 
consist of two-thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the United 
States. 

ARTICLE XIII 

Section i. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 



THE STORY OF THE CONSTITUTION 159 

Section 2. Congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XIV 

Section i. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, or property, 
without due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among 
the several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding In- 
dians not taxed. But when the right to vote at any election 
for the choice of electors for President and Vice-President of 
the United States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the Legisla- 
ture thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in re- 
bellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty- 
one years of age in such State. 

Section 3. No person shall be a Senator or Representative 
in Congress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath, as a 
member of Congress, or as an officer of the United States, or 
as a member of any State Legislature, or as an executive or 
judicial officer of any State to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two-thirds of each 
house, remove such disability. 

Section 4. The validity of the public debt of the United 



l6o THE STORY OF THE CONSTITUTION 

States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing in- 
surrection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion against 
the United States, or any claim for the loss or emancipation of 
any slave; but all such debts, obligations, and "claims shall 
be held illegal and void. 

Section 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

ARTICLE XV 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or 
by any State on account of race, color, or previous condition 
of servitude. 

Section 2. The Congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XVI 

The Congress shall have power to lay and collect taxes on in- 
comes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration. 

ARTICLE XVII 

Section 1. The Senate of the United States shall be composed 
of two Senators from each State, elected by the people thereof, 
for six years; and each Senator shall have one vote. The electors 
in each State shall have the qualifications requisite for electors 
of the most numerous branch of the State Legislatures. 

Section 2. When vacancies happen in the representation of 
any State in the Senate, the executive authority of such State 
shall issue writs of election to fill such vacancies: Provided, 
That the Legislature of any State may empower the executive 
thereof to make temporary appointments until the people fill the 
vacancies by election as the Legislature may direct. 

Section 3. This Amendment shall not be so construed as 
to affect the election term of any Senator chosen before it becomes 
valid as part of the Constitution. 



